Interim maintenance is a temporary amount granted during legal proceedings. It is calculated based on an affidavit of income, assets, and expenditure filed by both parties. The Supreme Court in ‘Rajnesh v. Neha’ has standardized this process. The goal is to provide immediate support to the dependent spouse and child, usually based on their needs and the paying spouse’s income.

Maintenance (or pendente lite) refers to the financial support paid during the course of divorce or separation proceedings. Alimony (or permanent alimony) is the lump-sum or periodic payment ordered by the court as a final settlement after the divorce decree is passed.

Yes, a working wife can get alimony. The courts recognize that a wife’s right to maintenance is not automatically nullified just because she is employed. The court will consider the disparity in income and lifestyle. If the husband earns significantly more, the wife may be entitled to maintenance to maintain a similar standard of living.

There is no fixed maximum amount or percentage. Courts decide on a case-by-case basis. While a benchmark of 25% of the husband’s net salary for monthly maintenance was suggested by the Supreme Court in one case, this is not a rigid rule. For lump-sum alimony, it can range from 1/5th to 1/3rd of the husband’s net worth, but this is highly discretionary.

Child maintenance is decided based on the child’s reasonable needs, including education, healthcare, and lifestyle, and the financial capacity of both parents. The parent with custody provides direct care, while the non-custodial parent contributes financially. Both parents have a legal and moral obligation to support their child.

Yes. Under Section 24 of the Hindu Marriage Act, 1955, either the husband or the wife can claim interim maintenance if they can prove they have no independent income sufficient for their support and the other spouse has the capacity to provide it.

The case of ‘Rajnesh v. Neha’ (2020) is a landmark judgment that streamlined the process by mandating the filing of detailed affidavits of assets and liabilities. The ‘Kalyan Dey Chowdhury v. Rita Dey Chowdhury’ case reaffirmed the 25% net salary benchmark as a ‘just and proper’ amount for maintenance, though it is not a binding rule.

Assessing the income of a self-employed person is complex. Courts look at their income tax returns, bank statements, business balance sheets, lifestyle (e.g., car owned, foreign travel), and credit card expenses to determine their true financial capacity, as income can sometimes be under-reported.

Yes. Under Section 125(4) of the CrPC, a wife who is living in adultery may be denied maintenance. Similarly, under the Hindu Marriage Act, proven adultery can be a ground for the court to deny or reduce maintenance.

Alimony can be a one-time lump-sum payment or periodic (monthly/quarterly) payments. Periodic maintenance is typically paid until the recipient spouse remarries or until their death. The mode of payment is decided by the court based on the financial circumstances of the parties.

The most important documents are those that prove income, assets, and liabilities. These include salary slips, income tax returns (for at least 3 years), bank account statements, property documents, and details of any loans or investments.

The duration of the marriage is a significant factor. Longer marriages often result in higher or longer-term maintenance, as the dependent spouse may have been out of the workforce for a longer period and sacrificed career opportunities for the family.

Yes. Under Section 127 of the CrPC and Section 25(2) of the Hindu Marriage Act, the maintenance amount can be modified or even cancelled if there is a substantial change in the circumstances of either party, such as a significant increase or decrease in income.

‘Stridhan’ is the absolute property of the wife received at the time of her marriage. While Stridhan itself is not deducted from maintenance, if it generates a substantial income for the wife, that income will be considered by the court when determining the amount of maintenance she needs.

Generally, no. The primary obligation to pay maintenance to the wife is on the husband. However, under the Protection of Women from Domestic Violence Act, 2005, relief can be sought from the ‘respondents,’ which can include relatives of the husband, but this is typically for other reliefs like residence orders, not direct maintenance payments from them.