Can a Wife Claim Maintenance During Divorce Proceedings in Odisha?
Yes — a wife (or, equally, a husband without independent income) can claim interim maintenance under Section 24 of the Hindu Marriage Act while a divorce case is still pending before any Family Court in Odisha, and may separately claim permanent alimony under Section 25 once the divorce is granted. The two reliefs are distinct in purpose, timing, and how they are decided.
By Advocate Debarchana Samal · 1 November 2026 · 9 min read
One of the most common questions during a divorce is how a spouse without independent income will manage financially while the case is ongoing — and what happens once the marriage is formally dissolved. Indian matrimonial law addresses these as two separate questions, governed by two separate provisions of the Hindu Marriage Act, 1955. This article explains both clearly, using the Family Court at Jajpur as one illustrative example of where such applications are heard, though the law described here applies across Odisha's Family Courts generally.
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Can a Wife Claim Maintenance During Divorce?
A wife who does not have sufficient independent income to support herself and to meet the reasonable costs of litigation can apply for maintenance at two distinct points: while the divorce case itself is still pending (interim maintenance under Section 24), and after the divorce decree is passed (permanent alimony under Section 25). Both reliefs exist because matrimonial litigation can take time, and the law recognises that a financially dependent spouse should not be left without support purely because the main case is still being heard, nor after it concludes.
This question arises in Family Courts across Odisha, whether in Cuttack, Bhubaneswar, or at the Family Court, Jajpur — the governing provisions are the same statewide since they come from the central Hindu Marriage Act rather than any state-specific amendment. What differs from court to court is largely administrative: how quickly hearing dates are given, and the local procedure for filing income affidavits, rather than the substantive legal test applied to the claim itself.
Section 24: Interim Maintenance During the Case
Section 24 of the Hindu Marriage Act allows either spouse — the provision is gender-neutral — to apply for maintenance pendente lite, meaning "pending the suit," if they do not have sufficient independent income to support themselves or to bear the reasonable expenses of the proceedings. This application can be filed alongside the main divorce petition, whether it is a mutual consent or contested case, and is meant to be decided relatively early so the applicant is not left without support while the larger case continues.
Section 25: Permanent Alimony After Decree
Section 25 operates after the court has passed a decree — whether of divorce, judicial separation, or restitution of conjugal rights — and allows the court to order permanent alimony and maintenance in favour of either spouse, taking into account the respondent's own income and property, the applicant's income and property, the conduct of the parties, and other relevant circumstances. Unlike Section 24, this is not a temporary measure tied to the pendency of litigation; it is meant to provide for the applicant's maintenance going forward, and can be ordered as a lump sum, periodic payments, or a mix of both.
Keep these distinct: Section 24 maintenance exists only while the case is pending and stops being relevant once the decree is passed. Section 25 alimony is assessed afresh at or after that point and considers the parties' full circumstances at that later stage — it is not simply a continuation of whatever amount was fixed under Section 24, although the earlier figure can sometimes inform the court's view of what is reasonable.
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How Courts Decide the Amount
There is no fixed formula or universal percentage that Family Courts in Odisha apply to calculate maintenance or alimony — despite what is sometimes claimed informally. Instead, courts weigh a combination of factors on the specific facts before them: the income and earning capacity of both spouses, the standard of living the applicant was accustomed to during the marriage, the reasonable needs of the applicant (and any children in their care), the paying spouse's financial obligations and ability to pay, and the conduct of the parties where relevant to the claim.
Because of this fact-specific approach, two cases that appear superficially similar can result in meaningfully different maintenance amounts. Income affidavits, salary records, property details, and sometimes evidence of lifestyle during the marriage all feed into the court's assessment — which is why accurate, well-documented financial disclosure from both sides matters considerably more than any assumed standard rate. Where one spouse understates income or fails to disclose assets honestly, courts can and do draw adverse inferences, which is a further reason complete and truthful disclosure tends to serve an applicant better than withholding information out of apprehension about the outcome.
The Application Process
File the application with the main petition or separately
A Section 24 application is typically filed alongside the divorce petition, though it can also be filed later if the need for support arises after the case has begun.
Submit an income and expense affidavit
Both spouses are generally required to file affidavits disclosing their income, assets, and liabilities, which form the primary basis for the court's assessment.
Court hearing on the interim application
The court hears both sides on the affidavits and any supporting documents, and may ask clarifying questions before deciding, without necessarily waiting for the main case to conclude.
Interim order and possible revision
The court passes an interim maintenance order, which either party can later ask to be revised if circumstances change meaningfully while the case remains pending.
Section 25 application at or after decree
Once the divorce decree is passed, a separate application for permanent alimony under Section 25 can be made (if not already addressed within the decree itself), assessed on the parties' circumstances at that stage.
Practical Notes for Applicants
Keep your income and expense documentation organised from the outset — bank statements, salary slips, and a realistic monthly budget make a Section 24 application considerably easier to argue than vague estimates. If your spouse's income is not transparent, for instance where they are self-employed or work informally, your advocate may need to rely on lifestyle evidence, property records, or other indirect proof of earning capacity. For residents of Jajpur specifically, our overview of the divorce process at the Family Court, Jajpur and our guide on filing for mutual consent divorce in Jajpur explain how maintenance applications typically fit within the broader case.
This is general legal information about how maintenance and alimony work under the Hindu Marriage Act — your own entitlement and the likely amount depend heavily on your specific income situation, your spouse's financial circumstances, and the stage your case has reached. For a claim tailored to your facts, consult an advocate experienced with maintenance matters in Odisha or alimony claims generally.
Frequently Asked Questions
Can a husband also claim maintenance from his wife in Odisha?
Yes. Section 24 of the Hindu Marriage Act is gender-neutral — either spouse who lacks independent income sufficient for their support can apply for interim maintenance during the proceedings, and either spouse may similarly be awarded permanent alimony under Section 25, depending on the facts and the other spouse's financial capacity.
How long does it take to get an interim maintenance order under Section 24?
There is no fixed timeline, since it depends on the specific Family Court's schedule, how quickly both parties file their income affidavits, and whether the application is contested. Courts generally try to decide interim maintenance applications relatively promptly compared to the main divorce case, since the purpose is to provide support during the pendency of proceedings, but delays of a few months are not unusual.
Is maintenance paid as a monthly amount or a lump sum?
Interim maintenance under Section 24 is almost always ordered as a periodic monthly payment, since it is meant to cover ongoing expenses during the case. Permanent alimony under Section 25 can be ordered either as a lump sum, periodic payments, or a combination of both, depending on what the court considers appropriate and what the parties may have agreed.
Can a maintenance order be changed later if circumstances change?
Yes. Section 25 itself allows either party to apply for variation, modification, or even rescission of a permanent alimony order if there is a material change in circumstances, such as the paying spouse's income reducing significantly or the receiving spouse remarrying. Interim maintenance under Section 24 can similarly be revisited by the court while the main case is pending.
Does a wife need to prove she has absolutely no income to claim maintenance?
No. The law requires that the applicant does not have sufficient independent income or means to support themselves and bear the cost of the litigation reasonably — not that they have zero income. Courts weigh the applicant's actual income, if any, against their reasonable needs and the other spouse's financial capacity to arrive at a fair amount.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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