Meaning of Interim Maintenance
Meaning of Interim Maintenance
Definition:
Interim Maintenance refers to temporary financial support granted by a court to a spouse, child, or dependent during the pendency of a legal proceeding (such as divorce, separation, or maintenance petition). It is meant to provide immediate relief and cover basic needs like food, shelter, and medical expenses until the final decision on maintenance or related matters is made.
Key Points:
Temporary in nature:
It is awarded for a limited period — during the litigation process.
Prevent hardship:
The purpose is to prevent the dependent from suffering financial hardship during the case.
Granted without final adjudication:
It does not determine the final entitlement or amount of maintenance but acts as a provisional relief.
Can be granted ex parte:
Sometimes granted without hearing the other party, especially in urgent situations.
Legal Provisions in India:
Section 24 of the Hindu Marriage Act, 1955:
Courts may grant interim maintenance and expenses of proceedings to either party during the case.
Section 125 of the Criminal Procedure Code (CrPC), 1973:
Allows magistrates to order interim maintenance to wives, children, or parents unable to maintain themselves.
Section 36(2) of the Protection of Women from Domestic Violence Act, 2005:
Courts can order interim maintenance to the aggrieved woman during proceedings.
Purpose of Interim Maintenance:
Ensure basic sustenance:
To maintain the livelihood of the spouse or child during litigation.
Fairness and equity:
Ensures the dependent is not forced into hardship while awaiting court judgment.
Facilitate justice:
Helps prevent abuse of the legal process by one party starving the other financially.
Example:
A wife files for divorce and maintenance. The court, while the case is ongoing, may order the husband to pay a monthly sum as interim maintenance so that the wife can support herself and children during the legal proceedings.
Summary:
| Aspect | Description |
|---|---|
| What? | Temporary financial support during litigation |
| Purpose | To prevent hardship and cover basic needs |
| Nature | Provisional, not final, may be ex parte |
| Legal basis | Hindu Marriage Act, CrPC, Domestic Violence Act |
RELATED Blog
0 comments