📌 Introduction

Interim Maintenance refers to the temporary financial support awarded by a court to a spouse (or children) during the pendency of legal proceedings like divorce, maintenance, domestic violence, or custody disputes. This provision ensures that the financially weaker party can maintain a dignified standard of living and sustain the legal process. Interim maintenance lawyer in Delhi.

Whether you are a husband or wife seeking financial support, or you’re contesting an interim maintenance order, understanding the concept is crucial.

⚖️ Legal Definition

Interim Maintenance is a temporary monetary relief granted under various personal and secular laws, such as:

Sections 24 & 25 of the Hindu Marriage Act, 1955

Section 125 of the Criminal Procedure Code (CrPC), BNS Section 144

Protection of Women from Domestic Violence Act, 2005 (Section 20)

Special Marriage Act, and others.

🧮 Purpose of Interim Maintenance

To prevent financial hardship during litigation.

And to ensure access to legal remedies.

To maintain the same standard of living during separation or legal dispute.

👩‍⚖️ When Can Interim Maintenance Be Claimed?

A party can apply for interim maintenance in the following scenarios:

Divorce Proceedings (under HMA or SMA)

Maintenance under CrPC (Section 125)

Domestic Violence Petitions (DV Act)

Custody & Guardianship Proceedings

It can be claimed by wife, husband, children, or parents, depending on the facts of the case and applicable laws.

📝 How to Apply for Interim Maintenance?

File an Application before the concerned court where the main petition is pending.

Submit details of income, expenses, assets, liabilities.

Opposite party is given a chance to file a reply.

Court may pass an interim order based on affidavits, evidence, and circumstances.

💰 Factors Considered by the Court

The monthly income of both parties

Financial responsibilities and dependents

Standard of living

Health, age, and employment status

Reasonable expenses (rent, education, medical, etc.)

⏳ Duration & Nature of Interim Maintenance

It is temporary and remains in force until final order or disposal of the case.

The court may modify, increase, decrease, or cancel interim maintenance depending on changed circumstances. Interim maintenance lawyer in Delhi.

❓FAQs on Interim Maintenance

Q1: Who can claim interim maintenance?
➡️ Spouse (husband or wife), children, and even parents (under CrPC 125) can claim interim maintenance depending on the law.

Q2: Can a working wife claim interim maintenance?
➡️ Yes, if her income is insufficient to meet reasonable expenses, she may still get interim maintenance.

Q3: Can a husband claim interim maintenance?
➡️ Yes, under Section 24 of the Hindu Marriage Act, if the wife is earning significantly more and the husband is financially weaker.

Q4: What documents are required?
➡️ Income affidavit, salary slips, ITRs, bank statements, rental agreements, and proof of expenses.

Q5: How long does it take for the court to decide on interim maintenance?
➡️ Usually, within a few months, depending on the urgency and workload of the court. Courts prioritize such applications to avoid hardship.

Q6: Can anyone challenge or revise interim maintenance?
➡️ Yes, either party can file for modification based on a change in income or circumstances.

Q7: Is non-payment of interim maintenance punishable?
➡️ Yes. Courts can issue recovery orders, impose penalties, or even issue warrants of arrest in some cases.

📚 Conclusion
If one party files for interim maintenance. Whether you’re applying for it or defending against it, understanding your rights and obligations can make a significant difference.

Always consult an experienced family law advocate to guide you through the legal process and protect your interests.

Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can consult a legal expert.