Maintenance During Divorce

(for in-depth information on maintenance, please click on maintenance tab in our home page)

Maintenance is a financial assistance provided by husband / wife to other, to bear necessary monthly expenses and this includes of any child, from the marriage.

There are two types of reliefs granted for maintenance,

  1. Interim maintenance.
  2. Permanent maintenance.

Interim Maintenance:  In this case, if husband / wife, has no means to support expenses for monthly essentials and legal proceedings, then having regard to the financial status of the respondent, the court may pass an order to pay for expenses.

Permanent Maintenance:  While disposing the case, in consideration of applicable acts, the courts may pass a final decree granting maintenance by husband / wife for monthly maintenance and support considering the financial status and health of the respondent.

Applicable laws for Maintenance in India:

The applicable 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.

Divorce Documents Checklist

Interim Maintenance for Wife

Interim Maintenance for Child

Application for maintenance

Application for Child Custody