Written by Adv. Aman Chawla | Matrimonial Law Specialist | Delhi High Court & Supreme Court of India | 8 Years Exclusive Practice in Family & Matrimonial Law | Jangpura, New Delhi
Introduction
“Sir, the divorce case will take years. How will I run the house till then?”
“Sir, she has asked for ₹1.5 lakh a month as interim maintenance. I earn ₹1.2 lakh. Will the court really give her that?”
I hear these questions from opposite sides of the same case. Both lead to one important stage of litigation that many people underestimate: interim maintenance.
An interim maintenance order often becomes the first significant order in a matrimonial case. It affects how both parties live during the next two, three or five years while the main case continues. In many cases, the amount also becomes a reference point for the final settlement.
In this article, I explain what interim maintenance means, which laws allow a claim, and how courts calculate the amount. I also provide worked examples and practical advice for both wives and husbands seeking a fair order.
Quick Answer: How Is Interim Maintenance Calculated?
Interim maintenance is a monthly amount that a court orders one spouse to pay the other spouse and, where applicable, the children while a case remains pending.
There is no fixed formula. Courts follow the factors laid down by the Supreme Court in Rajnesh v. Neha (2020). These include both parties’ incomes, their standard of living during the marriage, the wife’s and children’s needs, and the husband’s genuine liabilities.
Both parties must file sworn affidavits disclosing their assets and liabilities. As a rough reference, courts often consider around 25% of the husband’s net income as a starting point for a non-earning wife. They then assess the children’s needs, the wife’s own income and other relevant factors.
Courts ordinarily direct the paying spouse to pay interim maintenance from the date the applicant filed the application.
1. What Does Interim Maintenance Mean?
“Interim” simply means “in the meantime.” Interim maintenance, also called maintenance pendente lite, provides temporary financial support during a pending case.
This support helps a spouse who lacks sufficient income. It can prevent financial hardship and allow that spouse to continue participating in the proceedings.
Interim maintenance differs from final maintenance or permanent alimony. Courts decide final maintenance at the end of the case, after considering the evidence. I have explained this distinction in my article on interim vs final maintenance. Here, we focus on how courts work out the interim amount.
2. Under Which Laws Can You Claim Interim Maintenance?
Indian law provides several routes for claiming interim maintenance. The applicable provision depends on the nature of the case.
- Section 24, Hindu Marriage Act, 1955: A spouse can claim maintenance during an HMA case involving divorce, judicial separation or restitution of conjugal rights. The provision also covers litigation expenses. Either spouse can claim relief if they meet the legal requirements.
- Section 144, Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 125 CrPC): A Magistrate can grant interim maintenance during proceedings. The law says the court should, as far as possible, dispose of such an application within 60 days of service of notice.
- Section 23, Protection of Women from Domestic Violence Act, 2005: A court can grant interim monetary relief in a domestic violence case. This may include expenses, loss of earnings and medical costs.
- Section 36, Special Marriage Act, 1954: This provision addresses maintenance during proceedings under that Act.
- Section 26, Hindu Marriage Act: A court can address interim maintenance and education expenses for children during the case.
You may file applications in more than one forum. However, the Supreme Court has directed courts to adjust overlapping maintenance amounts. You cannot receive double payment for the same need.
3. The Starting Point: Rajnesh v. Neha (Supreme Court, 2020)
The Supreme Court established an important framework for maintenance cases in Rajnesh v. Neha. The Court decided the case on 4 November 2020, and it appears in the reports as (2021) 2 SCC 324.
In simple terms, the judgment sets out these requirements:
- Both parties must file a detailed Affidavit of Disclosure of Assets and Liabilities in the prescribed format.
- Courts should decide interim maintenance applications through reasoned orders, ideally within four to six months after the parties file their affidavits.
- Maintenance should ordinarily run from the date the applicant filed the application.
- Courts must adjust or set off amounts awarded under different laws, including the HMA, BNSS and Domestic Violence Act.
- Courts must consider the parties’ status, the reasonable needs of the wife and children, qualifications, employment, independent income, assets, the matrimonial home’s standard of living, and the husband’s income and liabilities.
The Supreme Court revisited compliance with these guidelines in Aditi alias Mithi v. Jitesh Sharma on 6 November 2023. It expressed concern that some courts still failed to follow the guidelines and directed that the Rajnesh judgment be circulated again to judicial officers and judicial academies.
If a court overlooks the affidavit requirement, your lawyer should draw attention to Rajnesh v. Neha.
4. How Do Courts Calculate the Amount? Step by Step
The law does not provide a maintenance calculator or a universal percentage. In practice, however, judges follow a structured process and assess the evidence before them.
Step 1: Calculate the Paying Spouse’s Real Net Income
Courts begin with take-home income rather than gross salary. They deduct income tax and compulsory deductions, such as provident fund contributions.
However, courts do not usually deduct voluntary investments, personal loans for luxury items or EMIs on assets that the husband alone enjoys.
What happens when a spouse hides income? For example, the person may run a family business or receive cash payments. In such cases, the court can examine the person’s lifestyle. Relevant evidence may include cars, foreign travel, credit card spending, rent and children’s school fees.
The court may draw an inference about the person’s actual income from this evidence.
Step 2: Assess the Claiming Spouse’s Income
Courts also consider the claiming spouse’s earnings. If the wife works, the court assesses her income when deciding the amount.
However, earning some money does not automatically end her claim. The key question is whether her income can maintain the standard of living she enjoyed during the marriage.
In Shailja v. Khobbanna (Supreme Court, 2018), the Court distinguished between being capable of earning and actually earning. A wife’s mere ability to earn does not, by itself, justify reducing her maintenance.
Step 3: Use a Reasonable Share as a Reference Point
For a non-earning wife without children, courts often consider about 25% of the husband’s net income as a starting reference.
This figure comes from Kalyan Dey Chowdhury v. Rita Dey Chowdhury (Supreme Court, 2017). In that case, the Court considered 25% of the husband’s net salary just and proper.
This is a guide, not a fixed rule. Depending on the circumstances, a court may award more or less.
Step 4: Assess the Children’s Needs
Courts assess children’s expenses separately. These may include school fees, tuition, transport, medical costs and daily living expenses.
When children need support, the combined amount for the wife and children may exceed 25% of the husband’s net income. In some cases, it may reach a third or more, depending on the evidence and circumstances.
Step 5: Consider Genuine Liabilities and Dependants
Courts consider genuine financial obligations. These may include dependent parents, a home loan on the house where the family lived, and other legitimate responsibilities.
However, the court will not accept artificial or unsupported liabilities.
In Shamima Farooqui v. Shahid Khan (Supreme Court, 2015), the Court described a husband’s duty to maintain his wife as a sacred obligation. It also said that an able-bodied husband must earn to fulfil that duty.
Step 6: Include Litigation Expenses
Under Section 24 HMA, a financially dependent spouse may also receive a lump sum towards the costs of the case.
These expenses can include lawyer’s fees and travel to court.
5. Worked Examples: How the Calculation May Work
The following examples illustrate how courts may approach different financial situations. Actual orders depend on the evidence and documents placed before the court.
Example 1: Non-Earning Wife Without Children
Amit earns ₹1,60,000 a month before deductions. After tax and provident fund contributions, his take-home pay is ₹1,20,000.
His wife, Neha, does not work. They lived in a rented flat in Noida, and they have no children or dependent parents.
- Amit’s net income: ₹1,20,000
- Reference share at 25%: ₹30,000
- Neha’s own income: Nil
- Illustrative likely range: Around ₹25,000 to ₹35,000 per month, plus litigation expenses
The court would still assess the parties’ circumstances before deciding the amount.
Example 2: Earning Wife With One Child
Rohan takes home ₹2,00,000 a month. His wife, Pooja, earns ₹40,000 a month as a teacher. They live separately, and their seven-year-old son’s school fees amount to ₹12,000 a month.
The court will consider Pooja’s earnings. However, ₹40,000 may not allow her and the child to maintain a standard of living comparable to that of a ₹2 lakh household.
The court will also assess the child’s needs separately, including school, transport, tuition and medical expenses. It will then consider the shortfall in the wife’s income.
A combined award for the wife and child in the range of ₹40,000 to ₹55,000 may be possible, with the child’s share forming the larger part.
Example 3: Husband With Dependent Parents and a Home Loan
Vikram takes home ₹90,000 a month. He pays a ₹25,000 EMI on the flat where the family lived and supports his retired parents. His wife has no income.
The court will examine the EMI because it relates to the family home. It will also consider the parents’ needs as potential genuine liabilities.
Depending on the wife’s evidence about her needs, the amount might fall below 25% of Vikram’s net salary. For example, the award could range from ₹15,000 to ₹20,000 per month.
Example 4: Husband Hiding Income
Sameer claims that he earns ₹35,000 a month from his family’s garment business. However, his bank statements show credit card bills of ₹80,000 a month. He also drives an SUV, and his child attends a premium school.
The court can look beyond his declared income. The procedures for interrogatories and document production recognised in Rajnesh v. Neha may help reveal the real figures.
As a result, the court may estimate his income at a much higher amount than ₹35,000.
I have also written about how to object to a false income affidavit and how to prove the other side’s actual income. These issues often play a crucial role at an interim maintenance hearing.
6. From Which Date Is Interim Maintenance Paid?
Under Rajnesh v. Neha, courts ordinarily direct payment from the date the applicant filed the maintenance application, rather than the date of the order.
This distinction matters because a delayed order can create substantial arrears.
Suppose the applicant filed an application in January, but the court decided it in December. The husband will usually have to pay arrears for those 11 months.
For the wife, this means filing the application early can be important. For the husband, delaying the decision does not necessarily save money. Instead, the delay may increase the arrears he must pay.
7. What Happens If You Do Not Pay Interim Maintenance?
Courts take non-payment seriously. Depending on the law under which the court passed the order, it may take several steps:
- Issue a recovery warrant, treat the amount like a fine and order imprisonment for unpaid months under Section 144 BNSS, where applicable.
- Attach salary, bank accounts or property during execution.
- Strike off the defaulting spouse’s defence in appropriate civil proceedings.
My advice to husbands is straightforward: if you believe the amount is too high, challenge it through the appropriate appeal or revision. However, continue paying as directed while pursuing that challenge, unless the court orders otherwise.
I have explained these consequences in my article on what happens if you do not pay maintenance.
8. Practical Tips for Wives Claiming Interim Maintenance
A well-prepared application and supporting evidence can help the court understand your financial needs.
- File early: Submit the interim maintenance application with, or soon after, your main petition. Every month of delay is a month you may lose.
- Prepare an honest affidavit: Disclose your income and savings accurately. Hiding financial information can damage your credibility.
- Show the marital standard of living: Keep rent receipts, school fee records, holiday bookings, household photographs and credit card bills.
- Document children’s expenses: List their expenses in detail and support the figures with receipts.
9. Practical Tips for Husbands Responding to a Claim
Husbands should also prepare their financial evidence carefully. A clear and documented response can help the court assess the actual position.
- Disclose your true income: Courts can question a salary declaration that does not match the available evidence.
- Prove genuine liabilities: Submit EMI statements, medical bills for dependent parents and records of school fees you already pay.
- Document the wife’s income or assets: If your wife earns or owns assets relevant to the case, support your position with documents rather than allegations.
- Request adjustment of overlapping payments: If you already pay maintenance under one law, ask the court to adjust that amount in the other case.
Frequently Asked Questions
What does interim maintenance mean?
Interim maintenance is temporary monthly financial support that a court orders while a matrimonial or maintenance case remains pending. It usually continues until the court decides final maintenance or alimony.
What is the difference between maintenance and interim maintenance?
Courts decide interim maintenance early in the case, mainly on affidavits and documents. It applies while the case continues.
Final maintenance or permanent alimony is decided at the end, after the court considers the evidence. It may take the form of monthly payments or a lump sum.
How much interim maintenance will a wife get?
There is no fixed amount. For a non-earning wife without children, around 25% of the husband’s net income can serve as a common starting point.
The actual amount depends on both parties’ incomes, the children’s needs and genuine liabilities.
How long does it take to get interim maintenance?
Section 144 BNSS aims for disposal within 60 days of notice. Under Rajnesh v. Neha, courts should ideally decide interim applications within four to six months after the parties file their affidavits.
Actual timelines vary from court to court.
Can a working wife claim interim maintenance?
Yes. A working wife may claim interim maintenance if her income cannot maintain the standard of living she enjoyed during the marriage. The court will consider her earnings, which may reduce the amount awarded.
Can a husband claim interim maintenance from his wife?
Yes. Section 24 HMA applies to either spouse. A husband must show that he lacks sufficient independent income to support himself and meet the expenses of the proceedings.
Can a court change interim maintenance later?
Yes. Either party can apply for a modification if circumstances change, such as a job loss or a significant increase in income. A party may also file a supplementary affidavit to disclose changed financial circumstances.
Does the court adjust interim maintenance against the final amount?
Courts adjust overlapping amounts awarded in parallel proceedings. Whether interim payments will be set off against a lump-sum settlement depends on the order or settlement terms. Make sure the settlement addresses this issue clearly.
Adv. Aman Chawla’s Practical Note
In my practice, interim maintenance is the stage where cases are quietly won or lost. The decisive factor is often not the amount, but the affidavits.
The affidavit filed at this stage remains on record throughout the case. If you understate your income, overstate your expenses or omit a bank account, the other side may use that information during cross-examination years later.
By contrast, a carefully prepared and honest affidavit can become your strongest document.
Treat the interim maintenance stage as seriously as the main case. Prepare the affidavit with your lawyer, review it line by line, attach every relevant document and present your arguments properly. The order you receive at this stage can shape everything that follows.
Final Words
Interim maintenance is neither charity nor a penalty. The law aims to prevent either spouse from facing hardship while the court decides the case.
Courts do not choose the amount arbitrarily. They examine both parties’ finances, their standard of living and the children’s needs before making a decision.
Understand the process and prepare your documents carefully. This will help you know what to expect, whichever side you are on.
Consult Adv. Aman Chawla, Matrimonial Law Specialist, practising before the Supreme Court of India, Delhi High Court and all Delhi District Courts. He is available for urgent matters, outstation clients and online consultations across India.
Call: +91-8076836899 | WhatsApp | Email: info@thematrimoniallawyers.com
Office: O-11A Basement, Jangpura Extension, New Delhi – 110014
Written by Adv. Aman Chawla. This article is for informational purposes only and does not constitute legal advice. Every case is fact-specific. The examples in this article are illustrative; names and figures have been changed or simplified. The ranges shown are not predictions of any court’s order. Please consult a qualified lawyer before taking legal action.
