Section 15: Divorced persons when may marry again.

When a marriage has been dissolved by a decree of divorce and either there is no right of appeal
against the decree or, if there is such a right of appeal, the time for appealing has expired without an
appeal having been presented, or an appeal has been presented but has been dismissed, it shall be
lawful for either party to the marriage to marry again.
Section 18. Punishment for contravention of certain other conditions for a Hindu
marriage.
Every person who procures a marriage of himself or herself to be solemnized under this Act in
contravention of the conditions specified in clauses (iii), (iv), 1[and (v)] of section 5 shall be
punishable

[(a) in the case of contravention of the condition specified in clause (iii) of section 5,
with rigorous imprisonment which may extend to two years or with fine which may
extend to one lakh rupees, or with both.
(b) in the case of a contravention of the condition specified in clause (iv) or clause (v)
of section 5, with simple imprisonment which may extend to one month, or with fine
which may extend to one thousand rupees, or with both;
Section 19 of the Hindu Marriage Act 1955 states about the court in which the
petition of divorce should be presented. It also highlights the fact that every
petition which is sought to have been presented under this Act should be
presented to the district court within the local limits of the original ordinary civil
jurisdiction. The petition can, therefore, be filed in:

•The place where the marriage was solemnized.

•The place where the respondent resides during filing of the petition.

•The place where the couple last resided together.

•The place where the wife of the petitioner last resided.

•If the respondent is residing at a place which is outside territorial limits to which the act
extends or not had been heard of being alive for a period of 7 years, then the petitioner
could file a petition depending upon the places where he or she is presently residing.
Section 24 of the Hindu Marriage Act, 1955

• The maintenance pendente lite provides for the personal support of the claimant spouse
and the required expenses of the proceeding.

• The objective of maintenance pendente lite is primarily to provide financial assistance to

the claimant spouse in order for them to carry on with the proceedings and maintain
themselves.

• The maintenance pendente lite is provided to either of the spouses.

• However, in certain exceptional cases, the court can order the maintenance even for the
children who are living with and are dependent on the spouse who has claimed the
interim maintenance and where such claim has been justified by the court.
• In the case of Jasbir Kaur Sehgal v. District Judge (1997), the Hon’ble Supreme Court has
held that provisions under Section 24 cannot be given a restricted meaning. It was further
held that the wife’s right to claim maintenance pendente lite would include her own
maintenance and that of her unmarried daughter living with her.

• The provision of interim maintenance under Section 24 applies to the cases of restitution of
conjugal right (Section 9), judicial separation (Section 10), void marriages (Section 11),
voidable marriages (Section 12) and divorce (Section 13).

• In the case of Chitra Lekha v. Ranjit Rai (1977), it has been held that the objective of
Section 24 is to provide financial assistance to the indigent spouse to maintain herself or
himself during the pendency of the proceedings and also to have sufficient funds to carry
on with the litigation or defend themselves so that they shall not suffer unduly in the
conduct of the case for the want of funds.

• Under other statutes such as the Special Marriage Act (1954), Criminal Procedure Code
(1973), etc., the claim for maintenance can only be made by the wife and not the husband.
The quantum for such interim maintenance depends upon the following factors:

The courts have the discretion in passing an order regarding the interim maintenance
amount.

1. The duration of the marriage.

2.The means and conduct of the spouses.

3.The ability of the spouse to earn.

4.Education and maintenance of children.

5.Other such reasonable needs of the claimant.

When can an application under Section 24 be made?

• Anytime during the pendency of the suit.

• The wife is the respondent, she can seek the grant before her written statement is
filed.

• In the case of Chagan Lal v. Sakkha Devi (1974), the High Court of Rajasthan held that
an application for interim maintenance under Section 24 HMA, 1955 and also an
application for maintenance under any other matrimonial statute must be decided as
quickly as possible but in any case before the main application is decided.

• Expenses of the proceedings includes court fees, lawyer’s fees, expenditure incurred in
getting services of the witnesses, xerox and typing charges, process fees, etc.

• In the case of Prili Parihar v. Kailash Singh Parihar (1975), the Court held that if the
need arose subsequently, the court has the jurisdiction to grant additional expenses in
excess of what was originally sanctioned by it.
Enforcement of orders

• The proviso appended to Section 24 states that the application for the payment of
interim maintenance and expenses of proceedings shall utmost be disposed of
within sixty days from the date of service of notice on the spouse.

• The courts have recourse to methods apart from the Civil Procedure Code, 1908 for
the enforcement of orders regarding interim maintenance and expenses of
proceedings. In the case of Narinder Kaur v. Prilam Singh (1985), an employed
husband who denied obeying the order to pay maintenance pendente lite was
punished for contempt and given a sentence of four months.
Section 25 talks about permanent alimony and maintenance

• Any court that has jurisdiction under this Act shall on an application made by either
the wife or the husband for grant of maintenance.

• If the court is satisfied that there is a change in the current situation after passing
the order, then the court may modify, or rescind the order at the instance of either
party.

• If the court is satisfied that the party in whose name the order is placed has re-
married, or if the wife has not remained chaste, or if the husband has had sexual
intercourse with any another woman, then the court at the instance of the party
may modify, rescind the order.
Permanent maintenance

Permanent alimony and maintenance are given under Section 25 of the Act, as
mentioned above. This type of maintenance is given at the time of passing an
order for divorce.

Difference between alimony and maintenance

• Alimony is a one-time payment made to either the husband or

wife.
• maintenance can be monthly, annually or instalments fixed by
the court.
• Alimony is mostly referred to when divorce is done by mutual
consent.
• Maintenance is given in cases where one party has filed for
divorce and the other party has contested it in court.
Wife can claim maintenance without getting divorced if the wife has
separated from her husband.

Criteria for which the parties is not entitled to claim maintenance:

•If the wife has not remained chaste.

•If there isn’t any genuine reason for the separation between the wife and the
husband.

•When the husband and wife are living separately by mutual consent.

•if the husband has had sexual intercourse with another woman.

•if either party has re-married.

In the case of Dr. Kulbhushan Kumar v Raj Kumari & Anr (1970), it was held by
the Court that 25% of the current salary of the husband should be kept for
maintenance.
Supreme Court’s recent guidelines regarding maintenance

In the case of Rajnesh v Neha (2020), a Family Court had ordered Rajnesh (appellant) to
pay interim maintenance to Neha (respondent). The appellant then approached the Supreme
Court and contended that he was not in the position to pay for maintenance. The SC while
delivering the judgment, laid down certain guidelines to regulate maintenance payments in
matrimonial cases. Let us summarize them:

•In India, there are various laws governing the right of maintenance. Hence, the SC observed
that every maintenance proceeding shall be separately read, resulting in the multiplicity of
proceedings. The person r equesting maintenance shall mention whether he/she has been
granted maintenance before in another proceeding.

•Further, the maintenance shall be granted from the date the application has been filed.
•Next, the court gave its observations regarding the quantum of payment. It stated that the
details of the parties like, status, income, needs and wants, liabilities, job, age, etc. should
be considered.

•The court also added that the duration of the marriage should be considered.
Section 26 (Custody of Children)

I—n any proceeding under this Act, the court may, from time to time, pass such interim orders and
make such provisions in the decree as it may deem just and proper with respect to the custody,
maintenance and education of minor children, consistently with their wishes, wherever possible,
and may, after the decree, upon application by petition for the purpose, make from time to time, all
such orders and provisions with respect to the custody, maintenance and education of such children
as might have been made by such decree or interim orders in case the proceeding for obtaining
such decree were still pending, and the court may also from time to time revoke, suspend or vary
any such orders and provisions previously made.

Provided that the application with respect to the maintenance and education of the minor children,
pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within
sixty days from the date of service of notice on the respondent.