Interim Maintenance: What Rajnesh v Neha Requires

Here is a general overview of interim maintenance under Indian law.

How maintenance applications now move under BNSS, and the mandatory financial disclosure the Supreme Court introduced.

The legal position

Maintenance applications previously filed under CrPC s.125 are now filed under BNSS s.144, in force from 1 Jul 2024.

Interim maintenance applications should, as far as possible, be disposed of within 60 days from the date of notice to the respondent.

In Rajnesh v Neha (4 Nov 2020), the Supreme Court required both parties to file an affidavit disclosing their assets and liabilities, to standardise how maintenance is assessed.

Generally speaking, rajnesh v Neha also addressed the problem of overlapping maintenance claims filed in different proceedings (for example, under the Hindu Marriage Act, the Domestic Violence Act, and BNSS/CrPC s.125 at the same time), directing courts to account for amounts already awarded elsewhere to avoid double recovery.

As a general rule, interim maintenance is generally meant to cover the period until the main petition is finally decided, and is distinct from any permanent alimony that may be awarded at the end of the case.

Documents generally involved

• Affidavit of assets and liabilities
• Salary slips or income proof
• Bank statements
• Details of any other maintenance proceedings already filed

Common pitfalls

Some common mistakes are worth flagging.

• Filing without the mandatory asset-and-liability affidavit that Rajnesh v Neha requires — this can delay the proceedings.
• Understating income or assets in the affidavit, which can be challenged and undermine the applicant's credibility.
• Filing overlapping maintenance claims in multiple forums without disclosing the others — Rajnesh v Neha specifically addressed this to prevent double recovery.

For related reading, see Can the 6-Month Cooling-Off Period for Divorce Be Waived?, How Courts Decide Permanent Alimony: Recent Supreme Court Guidance, and Mutual-Consent Divorce in India: How It Works.

If you are weighing a decision on this, a short consultation can help map out the options.

The content above explains how the law generally works; it is not legal advice and should not be treated as a substitute for advice on your particular facts.