Maintenance means providing children, wife or other persons in a position of dependence, with food, clothing and other necessaries. Pendent lite means “while a suit is pending”. So Maintenance pendent lite means providing living expenses and financial support for the children, wife and other person while a suit is pending.
Maintenance pendente lite In Hindu Law
The provision of pendent lite in Hindu Law is in Section 24 of Hindu Marriage Act, 1955. The court is empowered to grant two specific reliefs, to the husband or wife as pendent lite when the matrimonial suit is pending as per the section, they are:
- Expenses of the proceedings in respect of which the relief is sought.
- Monthly maintenance allowance during the proceedings.
This maintenance is available in cases of void marriages, nullity of marriages, judicial separation, divorce, restitution of conjugal rights and alimony. Either husband or wife can get this maintenance for themselves or their child from their spouse irrespective of the fact that who started the case or proceedings. Grant of maintenance depends upon the fact that one party of the proceeding does not have sufficient independent income, for support or necessary expenses of proceedings; he/she can get it from other party who is financially richer.
The provision of Maintenance pendent lite is also present in Special Marriage Act, 1954 under Section 36 and in Criminal Procedure Code under Section 125, but here only wife can get the maintenance.
Also Read: An Overview of Child Custody Laws in India