Case at a Glance
A husband whose divorce suit was dismissed by the Family Court filed a first appeal in the Jharkhand High Court. Meanwhile, the wife told the Court that he had paid nothing under a Section 125 CrPC order of Rs 15,000 a month, leaving arrears of Rs 3,75,000 — a claim he did not rebut. The Division Bench held that maintenance pendente lite under Section 24 of the Hindu Marriage Act is “not a matter of charity but a statutory right”, that an appellate court can exercise that power, and that the absence of a formal application cannot fetter its jurisdiction. It directed the husband to pay Rs 15,000 a month during the appeal.
The husband filed Original Suit No. 195 of 2024 seeking divorce on grounds of cruelty and desertion. The wife did not appear and the suit proceeded ex parte, but the Family Court still dismissed it by judgment dated 3 November 2025 (decree signed 17 November 2025). The husband appealed on 9 February 2026, with a 48-day delay that the High Court condoned because the certified copy of the decree had been received only on 2 February 2026.
Separately, in Original Maintenance Case No. 301 of 2024 under Section 125 CrPC, an order dated 16 June 2026 had fixed maintenance at Rs 15,000 a month from 16 July 2024. The wife filed an affidavit in the High Court stating that nothing had been paid and that arrears had reached Rs 3,75,000. The husband did not rebut this. The question was whether the High Court, hearing his appeal, could grant her maintenance pendente lite even though she had not filed a formal Section 24 application.
The Key Question Before the Court
Can a High Court hearing a matrimonial first appeal grant interim maintenance under Section 24 of the Hindu Marriage Act, 1955 on its own, without a formal application, where the wife lacks means and the husband is not paying under an existing maintenance order?
Why the Bench Acted Without a Formal Application
The Bench described Section 24 as remedial, meant to prevent destitution and to ensure that a spouse without means can participate in the litigation; maintenance pendente lite is “not a matter of charity but a statutory right”. Drawing on Rajnesh v. Neha, (2020) 11 SC CK 0009, Manish Jain v. Akanksha Jain, (2017) 03 SC CK 0128 and Sugandhi v. P. Rajkumar, (2020) 10 SC CK 0041, and on Jasraj Inder Singh v. Hemraj Multanchand, (1977) 02 SC CK 0018 for the principle that an appeal is a continuation of the original proceeding, it held that the appellate court can exercise the Section 24 power.
On the procedural objection, the Court held that “The absence of a formal application under Section 24 cannot” fetter its jurisdiction, and that relief may be granted suo motu where the spouse lacks means. It clarified that it was not acting as the executing court for the Section 125 order, and was proceeding under Section 24 irrespective of whether the 16 June 2026 order had been challenged. Denying maintenance merely because no application had been filed would sacrifice substantive justice to procedural formality, and would effectively disable the wife from contesting the appeal. Relying on the wife’s unrebutted affidavit, the Court fixed Rs 15,000 a month.
What the Court Actually Held
- Maintenance pendente lite under Section 24 HMA is a statutory right meant to prevent destitution and enable participation in litigation.
- An appeal is a continuation of the original proceeding, so the appellate court can exercise Section 24 powers.
- The absence of a formal Section 24 application does not take away the Court’s jurisdiction; it can act suo motu where the spouse lacks means.
- The husband was directed to pay Rs 15,000 per month pendente lite during the appeal; the Court expressed no opinion on the merits and listed the matter for compliance.
Why This Judgment Matters
- It stops a spouse from pursuing an appeal while starving the other side of the means to defend it.
- It confirms that procedural technicalities do not block interim maintenance where need is evident from the record.
- It flags the practical problem of unpaid Section 125 orders and shows the appellate court’s independent power to protect the dependent spouse.
What Should Advocates Take Away From the Judgment?
For Wives
- If your husband is litigating but not paying maintenance, inform the appellate court through an affidavit.
- Section 24 relief can be granted even without a separate application.
- Interim maintenance helps you meet litigation costs and daily needs while the case is pending.
For Counsel
- File a clear affidavit of non-payment and arrears — unrebutted, it can ground immediate relief.
- Remember the appellate court is not the executing court for a Section 125 order; frame the prayer under Section 24.
- Expect compliance listings; non-payment can affect how the appellant’s appeal proceeds.
Key Takeaways
- Section 24 HMA maintenance can be ordered by the appellate court, including suo motu.
- No formal application is a jurisdictional bar.
- Rs 15,000 per month was fixed pendente lite during the husband’s appeal.
- The 48-day delay in filing the appeal was condoned.
Frequently Asked Questions
Can a High Court grant interim maintenance in a divorce appeal?
Yes. The Jharkhand High Court held that since an appeal continues the original proceeding, the appellate court can exercise Section 24 HMA powers.
Is a formal application under Section 24 mandatory?
According to this order, no. The Court said the absence of a formal application cannot fetter its jurisdiction, and it can grant relief suo motu where the spouse lacks means.
Did the High Court enforce the Section 125 maintenance order?
No. It said it was not the executing court for that order and acted independently under Section 24.
Conclusion
Sanjay Kumar v. Ankita Gupta puts substance over form: a spouse who drags the other into appellate litigation while ignoring a maintenance order cannot hide behind the absence of a Section 24 application.
Practical takeaway: In any pending matrimonial appeal, place unpaid maintenance on record by affidavit — the High Court can grant pendente lite maintenance on its own motion.
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