Overview of Interim Maintenance
Monthly support while a case is pending. A spouse without sufficient income needs support and litigation expenses during the case.
The Hindu Marriage Act allows interim maintenance and litigation expenses, and directs that the application be decided, as far as possible, within sixty days of service of notice. The Bharatiya Nagarik Suraksha Sanhita, 2023 and the Domestic Violence Act offer parallel routes. Courts try to avoid double recovery by adjusting amounts already awarded.
Scope. Covers applications for monthly support and litigation costs while a case is pending, for wives, husbands and children.
Procedure: how a Interim Maintenance case usually moves
- File the application with an affidavit of income and expenses
- Reply and hearing
- Court fixes monthly maintenance and costs
- Non-payment can be enforced through execution
Important points to keep in mind
- Interim maintenance supports a spouse until the case ends. It does not decide the final claim.
- Affidavits of income and expenses should be accurate, because courts compare them with bank and tax records.
- Arrears can be recovered through execution.
Practical guidance on Interim Maintenance
Apply as soon as the case is filed, since delay can leave a spouse without support. Keep monthly expense records and proof of any dependants, and update the court if income changes.
Documents required for Interim Maintenance
- Income and expense details
- bank statements
- tax returns
- proof of dependants
Interim Maintenance for clients living outside India
Clients living abroad can pursue or defend these claims in India through a power of attorney holder, and income or assets held overseas may also have to be disclosed to the court. Title documents and affidavits signed abroad must be attested or apostilled before they are used in Indian proceedings.
Frequently asked questions about Interim Maintenance
Can a husband also claim interim maintenance?
Yes. The law allows either spouse who lacks sufficient income to apply.
How is the amount decided?
The court looks at both parties’ incomes, expenses and dependants, usually on affidavits of assets and liabilities.
Which courts does TKM Law Associates appear in?
The chambers handle family court matters in Bangalore, Chennai, Mysuru, Tiruchirappalli, Coimbatore and Hosur, along with related High Court proceedings.
How can the chambers be contacted?
By WhatsApp on +91 94484 93313 or by email to tkmlawassociates@gmail.com. A short summary is enough for the first message, and sensitive documents should be shared only after speaking.
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