What is Interim Maintenance and Permanent Alimony?

Interim Maintenance (Maintenance Pendente Lite) and Litigation Expenses:

• Under the Hindu Marriage Act (HMA), specifically Section 24, during ongoing matrimonial proceedings, either the wife or husband without adequate personal income can apply for maintenance and costs related to the legal process.
• Explanation of Section 24, HMA:
  • If one spouse lacks sufficient income for support and legal expenses, the court may order the other spouse to provide financial support for litigation costs and a monthly sum for living expenses, considering both parties' incomes.

Permanent Alimony and Maintenance:

• Section 25 of the HMA allows for an application by either spouse at the time of, or after, a decree is passed. The court can order the respondent to pay a one-time sum or regular payments for the applicant's maintenance, not exceeding the applicant's lifetime, based on both parties' financial situations.

Who Can Apply for Interim Maintenance and Permanent Alimony?

• Only the husband or wife involved in the case can apply if they meet the criteria under Sections 24 or 25. In practice, these provisions mostly benefit women. Interim maintenance is for the duration of the case, while permanent alimony is awarded post-conclusion of matrimonial disputes.

Why Are These Grants Available?

• The legal provisions recognize the potential financial strain during marriage dissolution processes, providing relief to prevent social security violations and support the institution of marriage.

When to Seek These Grants?

• Relief can be sought whenever the conditions under Sections 24 or 25 are met in a matrimonial dispute, with courts generally being more lenient towards wives.

Where to Apply for These Grants?

• Applications can be made in District Courts or Family Courts with jurisdiction under Section 19 of the HMA, based on the location of marriage, respondent's residence, last shared residence, or, if the applicant is the wife, her current residence at filing.

Procedure and Steps for Applying:

Applications are filed in courts handling the matrimonial case or in new cases concerning divorce, annulment, or conjugal rights restitution. The steps include:

• Step 1: Filing the application.
• Step 2: Respondent's reply.
• Step 3: Interim relief if applicable.
• Step 4-5: Evidence from both petitioner and respondent.
• Step 6: Arguments.
• Step 7: Court judgment.

Maintenance in Multiple Legal Actions

Maintenance can also be awarded under other laws like the Domestic Violence Act, CrPC, or Hindu Adoptions and Maintenance Act. In cases of multiple claims, courts adjust the awarded amounts to avoid overcompensation, as clarified in the Supreme Court case Rajnesh v. Neha (2021).
Reference Links

• https://thelawcodes.com/pendente-lite-maintenance-permanent-alimony/
• https://www.thelawcodes.com/divorce-lawyers-in-chandigarh/
• https://thelawcodes.com/divorce-lawyers-in-gurgaon/
• https://thelawcodes.com/law-firm-in-gurgaon/
• https://thelawcodes.com/law-firm-in-chandigarh/