Most people assume that once a Family Court signs off on a divorce, the money question is settled too. In practice, it rarely works that neatly. A decree from the trial court is often just the halfway mark because the losing spouse can—and frequently does—carry the fight up to the High Court.

In an important ruling on interim maintenance during divorce appeal, the Delhi High Court clarified that a wife may continue to claim interim maintenance under Section 24 of the Hindu Marriage Act, 1955, even after a divorce decree has been passed, so long as her appeal against that decree remains pending. The Court explained that an appeal is not a fresh lawsuit but a continuation of the original matrimonial proceedings. Therefore, the right to seek interim financial support does not automatically end with the Family Court’s judgment.

The judgment came in Gautam Kapoor v. Mrs. Aaina and provides significant clarity for spouses who continue fighting matrimonial disputes before appellate courts.

What Section 24 Actually Does

Section 24 of the Hindu Marriage Act provides for maintenance pendente lite, meaning maintenance during the pendency of legal proceedings, along with litigation expenses.

Either spouse can apply under this provision if they do not have sufficient independent income to maintain themselves or meet the costs of the case.

It is different from permanent alimony under Section 25. Section 24 is temporary in nature and exists to ensure that the financially weaker spouse is not placed at a disadvantage while the litigation continues.

While deciding an application, courts generally consider:

• Income of both spouses
• Standard of living during the marriage
• Existing liabilities and responsibilities
• Educational qualifications
• Earning capacity
• Whether children are financially dependent

The objective is not to punish either spouse but to ensure fairness throughout the legal proceedings.

Interim Maintenance During Divorce Appeal Under Section 24 HMA

The principal question before the Delhi High Court was whether interim maintenance during divorce appeal can continue after a Family Court has already granted a decree of divorce.

The husband argued that once the divorce decree had been passed, Section 24 no longer applied because the original proceedings had ended. According to him, if the wife wanted financial support after divorce, her remedy lay under Section 25 relating to permanent alimony.

The wife argued that since she had challenged the divorce decree before the High Court, the matrimonial proceedings were still pending and she continued to require interim financial support.

The Facts of the Case

The parties married in December 2012.

The husband, an Army officer, filed a divorce petition on the grounds of cruelty and desertion.

During the pendency of the divorce proceedings, the Family Court directed his employer to pay 30% of his gross salary to the wife as interim maintenance with effect from May 2022. The Delhi High Court had earlier upheld that order.

Later, in July 2025, the Family Court granted a decree of divorce.

The wife challenged the decree before the Delhi High Court and requested that the existing interim maintenance should continue during the appeal.

The husband opposed the application, arguing that Section 24 ceased to operate after the divorce decree.

How the Delhi High Court Decided the Matter

The Division Bench of Justice Vivek Chaudhary and Justice Renu Bhatnagar rejected the husband’s argument and directed that interim maintenance should continue at the existing rate until the appeal is finally decided.

The Court explained that an appeal is simply a continuation of the original matrimonial proceedings.

A case does not attain finality merely because the trial court has delivered its judgment. Until the appeal is decided, the proceedings remain alive.

For this reason, the expression “any proceeding under this Act” in Section 24 includes appellate proceedings as well.

The Court further observed that accepting the husband’s argument would defeat the very purpose of Section 24.

Why Section 25 Does Not Replace Section 24

The husband argued that once divorce had been granted, the wife should seek relief only under Section 25 dealing with permanent alimony.

The High Court rejected this interpretation.

According to the Court, Sections 24 and 25 serve different purposes.

Section 24 provides temporary financial assistance while litigation is pending.

Section 25 deals with permanent financial arrangements after matrimonial proceedings conclude.

Waiting for permanent alimony could leave a financially dependent spouse without any support for years while the appeal remains pending, defeating the protective purpose of Section 24.

The Court also distinguished the Supreme Court decision in Sukhdev Singh v. Sukhbir Kaur, observing that the judgment discussed the distinction between Sections 24 and 25 but did not decide whether Section 24 applies during matrimonial appeals.

Earning Capacity Is Not the Same as Actual Income

The husband also argued that his wife possessed an MBA degree and previous work experience, making her capable of supporting herself.

The Court was not convinced.

Relying upon the Supreme Court judgment in Shailja v. Khobbanna, it reiterated an important legal principle:

Simply because a person is capable of earning does not mean that person is actually earning.

Unless the spouse has sufficient independent income, maintenance cannot be refused merely because they possess qualifications or employment potential.

Why This Judgment Is Important

The judgment has practical importance for matrimonial litigation across India.

Appeals against divorce decrees often remain pending for several years.

If interim maintenance automatically stopped immediately after the Family Court granted divorce, financially dependent spouses could be left without any source of income throughout the appellate process.

The judgment prevents that situation.

It also protects access to justice.

Without financial assistance, many litigants cannot afford legal representation, court appearances, travel expenses or even their basic living costs.

By allowing interim maintenance during divorce appeal, the Delhi High Court has ensured that financial hardship does not prevent a spouse from pursuing a legitimate legal challenge.

The decision also reflects the broader approach adopted in family law, where courts generally interpret maintenance provisions liberally to prevent economic hardship rather than treating matrimonial disputes as purely adversarial litigation.

Interim Maintenance vs Permanent Alimony

These two remedies are often confused.

Interim maintenance under Section 24

• Granted during pending matrimonial proceedings
• Covers living expenses and litigation costs
• Temporary in nature
• Can continue during a pending appeal

Permanent alimony under Section 25

• Granted after matrimonial proceedings conclude
• Provides long-term financial support
• May be periodic or a one-time settlement
• Determined separately from interim maintenance

The present judgment deals only with interim maintenance under Section 24.

Can Husbands Also Claim Interim Maintenance?

Yes.

Section 24 is completely gender-neutral.

Either spouse may seek interim maintenance if they lack sufficient independent income.

Although most applications are filed by wives, courts decide these cases based upon financial dependency and not gender.

Key Takeaways

• A divorce decree does not automatically end interim maintenance under Section 24.
• A matrimonial appeal is a continuation of the original proceedings.
• Interim maintenance during divorce appeal may continue until the appeal is finally decided.
• Earning capacity alone is not enough to deny maintenance.
• Section 24 and Section 25 operate independently and serve different legal purposes.

If You’re in the Middle of a Matrimonial Appeal

A pending appeal against a divorce decree does not automatically extinguish a claim for interim maintenance.

A spouse seeking relief must still establish that they lack sufficient independent income.

The Court will consider the financial circumstances of both parties before deciding the amount.

Litigation expenses may also be awarded wherever appropriate.

Conclusion

The Delhi High Court has reaffirmed that interim maintenance during divorce appeal remains available under Section 24 of the Hindu Marriage Act even after a Family Court grants a decree of divorce. Since an appeal is merely a continuation of the original matrimonial proceedings, the statutory right to seek interim financial support continues until the litigation reaches its conclusion.

The judgment also reinforces two important legal principles: Section 24 and Section 25 serve different purposes, and a spouse cannot be denied maintenance merely because they are capable of earning if they have no actual independent income. For financially dependent spouses pursuing matrimonial appeals, the ruling provides important protection and strengthens access to justice.

Related Articles

• Section 24 Hindu Marriage Act Explained
• Permanent Alimony Under Section 25 HMA
• Divorce Under the Hindu Marriage Act
• Latest Delhi High Court Judgments
• Family Law Updates in India

FAQs

Can a wife claim interim maintenance after a divorce decree?

Yes. If she has challenged the divorce decree before the appellate court, she can seek interim maintenance under Section 24 while the appeal remains pending.

Which section governs interim maintenance?

Section 24 of the Hindu Marriage Act, 1955 governs interim maintenance and litigation expenses.

How is interim maintenance different from permanent alimony?

Interim maintenance is granted during pending proceedings, whereas permanent alimony under Section 25 is decided after matrimonial proceedings conclude.

Can a husband claim interim maintenance?

Yes. Section 24 is gender-neutral and applies to either spouse based on financial need.

Does filing an appeal automatically guarantee maintenance?

No. The applicant must establish insufficient independent income, and the court determines the amount after considering the financial circumstances of both parties.

What factors do courts consider while deciding maintenance?

Courts consider income, assets, earning capacity, standard of living, liabilities, educational qualifications and the needs of dependent children.

Why is this judgment important?

The ruling ensures that a financially dependent spouse is not deprived of interim financial support merely because a Family Court has granted a divorce, as long as the matrimonial appeal remains pending.