Maintenance--Interim Maintenance--Only Income and Not Idle Property or Capital Assets Can Be Considered under HMA S.24
Under Section 24 of the Hindu Marriage Act, 1955, interim maintenance pendente lite must be determined solely on the basis of "income" of the parties and not on the basis of property or capital assets that do not generate revenue. This distinguishes Section 24 from Section 25, which uses the words "income and property" both. Idle property that does not yield income cannot be factored into the calculation of interim maintenance. However, income derived through stakes held in companies may be considered even where individual income tax returns show a lower figure.
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