Section 24 & 25 hma

It can be file along with Divorce petition or any other remedy availble in HMA, but NOT seperately.

Application u/s 24 HMA is " Maintenance pendente lite and expenses of proceedings."

So, it can be only file with any petiton which deals with any remedy available under Hindu Marriage Act but not separately.

S24 means Interim Maintenance so it's treated as an I.A. (Interim Application) so it will be filed after filing the main petition.

S25 Permanent alimony either a lumpsum or on monthly basis start (w.e.f.) from the date of disposal of main petition so it can be filed at any stage, within main petition ( part of prayer), during the pendency of main petition or at the time of disposal of main petition or even after the disposal of main petition. So there is no time bar for it. If you think, your case takes long period of gestation then file at the time of disposal or after disposal of main petition else within main petition itself.

Thanks Zoheb, Sachin & Sai for the clarifications.

Here is the case in berif:

1. Husband & wife stay seperate.

2. Wife filed suits against husband u/s 498A IPC & DV act & claim maintenence under DV act by hiding her employment.

3. Husband is unemployed & under medical supervision of doctor.

4. Noone filed divorce petition till date.

5. Can husband able to claim maintenance u/s 125 CrPC.?

There are two obtions for husband.

1. File petition of RCR with sec 24 of HMA

2. File petition u/s 125 crpc

Both laws are gender neutral