Interim order

Dear Client,
In this context, be informed that interim maintenance, temporary financial support during legal proceedings, can be granted under Section 23 of the Domestic Violence Act, and any person having sufficient means is liable to support his wife and children, provided that she is unable to maintain herself and her children. An order for interim maintenance is a court order that directs a person to pay a certain amount for the maintenance of their spouse or children pending the final outcome of the original suit. An interim order of maintenance can be enforced, even if challenged in the High Court, unless the High Court issues a specific stay order of the trial court or the order is ultimately overturned by the High Court. If the High Court does not issue a stay order, the interim maintenance order remains in force and can be enforced until the High Court makes a final decision. To enforce maintenance orders, the Court can issue various orders, including attachment of the salary or property of the husband. Non-compliance can also lead to imprisonment, as per Section 125(3) of the Cr. PC.

Dear Client,

You should continue enforcing the interim maintenance order of Rs. 20,000 per month, as it remains legally valid until modified by a higher court.

Even if your husband claims to be jobless, the court will not rely solely on his statements. You can file an application under Section 91 CrPC to request his bank statements, income tax returns, and employment records to prove he is misleading the court. Additionally, you should file an application within the domestic violence case or separately under Section 125 CrPC to seek support for your daughter’s school fees of Rs. 1,00,000 annually.

If he fails to comply with the interim order, you can approach the court to initiate recovery through execution proceedings, including attachment of property or issuance of a warrant. Since you are not working, you are also entitled to free legal aid through the District Legal Services Authority (DLSA). Stay firm and legally assert your rights for both yourself and your daughter