Application for Interim Maintenance Pendente Lite

The Interim Maintenance Application is primarily governed by Section 24 of the Hindu Marriage Act, 1955. This provision allows a spouse who has no independent income sufficient for their support to claim maintenance pendente lite (during the litigation). The court considers the income of both parties and may order the respondent to pay a monthly sum. Additionally, similar provisions exist under other personal laws, such as Section 36 of the Special Marriage Act, 1954, and Section 125 of the Code of Criminal Procedure, 1973, for maintenance irrespective of religion.

The Interim Maintenance Application is filed in the Family Court or the District Court having jurisdiction over the matrimonial dispute. There is no specific government website for filing; however, the eCourts Services Portal (https://services.ecourts.gov.in) provides case status and cause lists. For forms and procedural guidance, the respective state's District Court website or the National Legal Services Authority (NALSA) website (https://nalsa.gov.in) may offer resources.

The process for filing an Interim Maintenance Application involves the following steps:

1. Drafting the Application: The applicant (usually the wife) files a petition under Section 24 of the Hindu Marriage Act, 1955, stating her income, the respondent's income, and the expenses required for maintenance.
2. Filing in Court: The application is filed in the same court where the main matrimonial proceeding (e.g., divorce) is pending. Court fee is paid as per the state's court fees act.
3. Notice to Respondent: The court issues notice to the other spouse, who must file a reply disclosing their income and assets.
4. Hearing and Evidence: Both parties may be examined, and documents such as salary slips, bank statements, and tax returns are submitted.
5. Order: The court passes an interim order specifying the amount of maintenance and the date from which it is payable. The order remains effective until the final disposal of the main case.

The following forms/documents are typically required:

• Application/Petition under Section 24 (no standard form; drafted by advocate)
• Affidavit of Income and Expenses (sworn statement detailing income, assets, and monthly expenses)
• Proof of Income of both parties (salary slips, IT returns, bank statements)
• Proof of Marriage (marriage certificate, photographs, etc.)
• Proof of Pendency of Main Case (copy of divorce petition or case number)
• Court Fee Stamp as per applicable state rules

To file an Interim Maintenance Application, the applicant must satisfy:

• The applicant is the spouse (husband or wife) of the respondent.
• The applicant has no independent income sufficient for their support and the support of any children.
• The respondent has sufficient means to pay maintenance.
• The main matrimonial proceeding (e.g., divorce, judicial separation) is pending before a competent court.
• The applicant must be unable to maintain themselves during the pendency of the case.

The court typically disposes of an Interim Maintenance Application within a few months from the date of filing. The timeline depends on the court's workload, the respondent's cooperation, and the complexity of income disclosure. No fixed timeline can be guaranteed.

The court fee for an Interim Maintenance Application varies by state. Below is an indicative table of court fees in some states (subject to change):

Note: These are government-prescribed court fees. Advocate fees are separate and not included.