Interim maintenance is a temporary financial provision ordered by a court to support a spouse and children during the pendency of matrimonial proceedings. Under Indian law, interim maintenance is primarily governed by Section 24 of the Hindu Marriage Act, 1955, and Section 125 of the Code of Criminal Procedure, 1973 (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023).
Legal definition
Section 24 of the Hindu Marriage Act, 1955 provides:
Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.
Section 125 CrPC (now Section 144 BNSS) provides a separate criminal remedy for maintenance, available to any wife who is unable to maintain herself, irrespective of the religion of the parties.
The Special Marriage Act, 1954 provides an equivalent to Section 24 HMA under Section 36.
How courts have interpreted this term
Rajnesh v. Neha [(2021) 2 SCC 324]
The Supreme Court issued comprehensive guidelines for the determination of maintenance in matrimonial proceedings. The Court directed that: (1) both parties must file income affidavits disclosing all sources of income, assets, and liabilities; (2) the maintenance amount should be based on the standard of living the applicant was accustomed to during the marriage; (3) overlapping jurisdiction claims should be consolidated to avoid double recovery; and (4) maintenance applications must be disposed of within 60 days. The Court also introduced a framework for ad-interim maintenance — a preliminary amount to be paid even before the main maintenance application is heard.
Kulbhushan Kumar v. Raj Kumari [(1971) 1 SCC 279]
The Supreme Court held that interim maintenance under Section 24 HMA is not dependent on the merits of the main matrimonial petition. It is a temporary provision to ensure that the financially weaker spouse can sustain themselves and participate meaningfully in the litigation. The Court observed that the primary consideration is the inability of the applicant to maintain themselves from their own income.
Shailesh Dhairyawan v. Mohan Balkrishna Lulla [(2016) 3 SCC 619]
The Supreme Court held that maintenance proceedings under Section 125 CrPC can be pursued simultaneously with proceedings under Section 24 HMA, but the total amount received must be adjusted to prevent double recovery. The applicant is entitled to seek the higher of the two awards, not the cumulative amount.
Why this matters
Interim maintenance addresses a critical vulnerability in matrimonial litigation: the financial asymmetry between spouses during protracted court proceedings. Indian matrimonial cases routinely take several years to conclude, and without interim maintenance, the financially dependent spouse — typically the wife — may be unable to sustain herself, provide for the children, or afford legal representation.
The Supreme Court's landmark guidelines in Rajnesh v. Neha (2021) have standardised the process by requiring mandatory income affidavits, establishing criteria for determining the quantum of maintenance, and imposing a 60-day timeline for disposal of maintenance applications. The Court also addressed the persistent problem of multiple maintenance proceedings in different forums by directing that courts should take into account maintenance awarded in other proceedings to prevent multiplicity and overlapping awards.
For practitioners, the choice of forum matters. Section 24 HMA applies only to proceedings under the Hindu Marriage Act and provides maintenance during those proceedings. Section 125 CrPC (Section 144 BNSS) is a standalone criminal remedy available to any wife regardless of religion, and provides maintenance until the wife remarries or can maintain herself. The Domestic Violence Act, 2005 provides yet another avenue through monetary relief under Section 20. Each has different procedural requirements and enforcement mechanisms.
Related terms
Broader concepts:
Related remedies:
Procedural context:
Frequently asked questions
Can a husband claim interim maintenance from the wife?
Yes. Section 24 of the Hindu Marriage Act is gender-neutral — it allows "either the wife or the husband" to claim interim maintenance if they lack independent income sufficient for their support. However, in practice, such claims by husbands are rare and are granted only where the husband can demonstrate genuine inability to support himself.
How long does interim maintenance last?
Interim maintenance under Section 24 HMA lasts "during the proceeding" — it ceases when the court passes a final decree or order. Maintenance under Section 125 CrPC continues until the wife remarries, is no longer unable to maintain herself, or lives in adultery. Upon conclusion of proceedings, the court may award permanent alimony under Section 25 HMA.
What is the typical quantum of interim maintenance?
There is no fixed formula. The Supreme Court in Rajnesh v. Neha (2021) directed courts to consider the income and assets of both parties, the standard of living during the marriage, the reasonable needs of the applicant and children, and the liabilities of the respondent. Courts generally award between 20-30% of the respondent's net income as interim maintenance.
Can interim maintenance be backdated?
Yes. Courts have the discretion to award interim maintenance from the date of the application, not merely from the date of the order. The Supreme Court has upheld backdated maintenance awards to prevent respondents from benefiting from delays in disposal of maintenance applications.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.