Interim maintainance

Dear Client,
Interim maintenance can be claimed in proceedings for divorce, or nullity of marriage under Chapters V and VI of the Special Marriage Act. Section 36 of the Special Marriage Act allows a wife to claim interim maintenance if she has insufficient income for her support and legal expenses during matrimonial proceedings. Both under Section 37 of SMA or Section 125 Cr. PC, any person having sufficient means is liable to support his wife and children, provided that she is unable to maintain herself and her children. The court has the discretion to determine the amount of maintenance based on the husband's income and the wife's needs. 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. So, consult with an experienced Advocate who can guide you suitably to protect your interest in the prevailing situation.