Interim Maintenance for Wife

  1. This is a temporary financial assistance from from husband / wife and not a permanent maintenance.  Permanent maintenance will be granted along with the judgment and decree.  Please visit Permanent Maintenance for more information.
  2. Even working professionals can seek maintenance from husband / wife, there is no bar.
  3. This is a relief sought when the divorce proceedings are still in progress until the judgment and decree is passed.
  4. The amount of maintenance would depend on the social status and financial status of the husband / wife and good enough to live a decent life.
  5. The maintenance orders can be revised as well.
  6. If there are any health issues, maintenance can be sought for those as well.
  7. If there are any unpaid maintenance dues, skipped payments, arrears, or part payments, those should be added in the succeeding months.
  8. Unreasonable amounts cannot be claimed, but it should be reasonable and just that can be accommodated within earning capacity of the husband / wife.
  9. It is advisable to maintain a dairy of amount received along with the date, which helps both husband and wife.
  10. When a divorce petition is pending, husband / wife who is unable to sustain financially may file necessary application before court to seek maintenance for monthly expenses as well as to conduct divorce proceedings.

Applicable laws for Interim Maintenance of wife in India:

The applicable sections for seeking an Interim Maintenance for wife under various laws are as follows;

1. Section 24 and 25 of the Hindu Marriage Act, 1955.

2. Section 36 and 37 of the Special Marriage Act, 1954.

3. Section 36 and 37 of the Divorce Act, 1869.

4. Section 39 and 40 of Parsi Marriage Act 1936.

Also, if you are interested, go through these sections

Grounds for divorce

Divorce Jurisdiction

Divorce Documents Checklist

Application for child custody

Custody of child during divorce