If you are stuck in such a situation, here is what to do.

A gentleman, Mr. Alok, has been married to Mrs. Priya for several years. They do not have any children. Recently, Mr. Alok initiated divorce proceedings, citing irreconcilable differences, primarily stemming from disagreements about their living situation with his parents and frequent disputes involving his extended family. Mr. Alok earns a substantial monthly income, while Mrs. Priya, who is well-educated with a degree in business administration and prior work experience at a financial institution, currently earns a variable income through freelance work as a beautician. Mrs. Priya has indicated that she will not agree to a divorce by mutual consent and intends to contest the proceedings. Mr. Alok is concerned that she will file for interim maintenance and that a significant portion of his income will be awarded to her, potentially prolonging the legal battle indefinitely. He is seeking to understand the legal avenues available to him regarding the interim maintenance claim.

Advice in such cases

Interim maintenance, or maintenance *pendente lite*, is a temporary financial support ordered by the court to be paid by the higher-earning spouse to the lower-earning spouse during the pendency of divorce proceedings. The objective is to ensure that the dependent spouse can maintain a similar standard of living as they were accustomed to during the marriage and can afford the costs of litigation. Instead of looking for ways to merely delay the process, the focus should be on presenting a strong legal case to contest the wife’s entitlement or the quantum of maintenance claimed.

• The court considers several factors, including the income, assets, and liabilities of both spouses.
• The earning capacity of the applicant spouse is a crucial factor. If the wife is educated, qualified, and capable of earning, the court may grant a lower amount or even deny maintenance.
• The Supreme Court has mandated the filing of an Affidavit of Disclosure of Assets and Liabilities by both parties in all maintenance proceedings to ensure a fair and transparent decision.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A Good lawyer can get the issues resolve in 7-10 days.

Applicable Sections of Law

Maintenance in matrimonial disputes is primarily governed by the personal laws applicable to the parties and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

• Section 24 of the Hindu Marriage Act, 1955: This section allows either the wife or the husband, who has no independent income sufficient for their support and the necessary expenses of the proceeding, to apply for interim maintenance.
• Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This section (which replaces Section 125 of the CrPC) provides a remedy for wives, children, and parents who are unable to maintain themselves. A wife can claim maintenance under this section even without initiating divorce proceedings.

If you are the complainant

If you are the spouse who has filed for divorce (the petitioner) and are anticipating a claim for interim maintenance, you should take the following steps:

• Be Honest in Your Disclosures: Accurately file your Affidavit of Assets and Liabilities as mandated by the court. Any attempt to conceal income can severely damage your credibility and lead to adverse orders.
• Gather Evidence of Your Spouse’s Earning Capacity: Collect documents proving your wife’s educational qualifications, past employment records, and any evidence of her current freelance income (such as social media promotions, client testimonials, or bank transactions if available).
• Present a Factual Argument: In your reply to her maintenance application, argue factually that she is well-qualified and capable of supporting herself. Emphasize that she is voluntarily choosing not to work to her full potential.
• Detail Your Liabilities: Clearly list all your financial obligations, such as loans, rent, and expenses related to supporting dependent family members (like aged parents). This helps the court get a realistic picture of your disposable income.

If you are the victim

If you are the spouse seeking maintenance (the respondent/applicant), your focus should be on proving your needs and your spouse’s ability to pay:

• File a Formal Application: Submit an application for interim maintenance under Section 24 of the Hindu Marriage Act in the same court where the divorce case is pending.
• Provide Evidence of Husband’s Income: If possible, provide documents like his salary slips, bank statements, income tax returns, or details of his assets to prove his financial status.
• Justify Your Needs: In your affidavit, detail your monthly expenses, including rent, groceries, medical bills, and other essentials, to show that you lack sufficient independent income.
• State Your Case Clearly: Explain why you are unable to earn or why your current earnings are insufficient to maintain the standard of living you had during the marriage.

How the police behave in such cases

Divorce and maintenance proceedings are civil in nature. The police have no role or jurisdiction in these matters. They do not get involved in disputes over maintenance payments or the divorce process itself. Police involvement only occurs if a separate criminal complaint is filed, for instance, alleging cruelty (under Section 85 or 86 of the Bharatiya Nyaya Sanhita, 2023) or criminal breach of trust regarding ‘stridhan’. The civil court dealing with the divorce is the sole authority for deciding on maintenance.

FAQs people normally have

What evidence is required?

For both parties, comprehensive financial disclosure is key. Essential evidence includes:

• Income Tax Returns for the last 3-5 years.
• Salary slips and bank account statements for the last 12 months.
• Details of all assets (movable and immovable) and investments.
• Documents related to any loans or liabilities.
• For the spouse claiming maintenance: Proof of monthly expenses.
• For the spouse opposing maintenance: Proof of the other spouse’s educational qualifications, professional experience, and current earning capacity.

How long will the investigation take?

There is no “investigation” by an external agency in a maintenance application. It is a judicial proceeding decided by a judge based on the affidavits and arguments presented by both sides. The law, under Section 24 of the Hindu Marriage Act, directs the courts to dispose of interim maintenance applications within 60 days from the date of service of notice on the other party. However, due to the high volume of cases in family courts, this timeline is often extended. The final duration depends on the complexity of the case, the cooperation of the parties in submitting documents, and the court’s schedule. A well-prepared case can lead to a quicker decision.

Advocate Sudhir Rao, Supreme Court of India