The situation below is a composite illustration, not an account of an actual client matter, and is used here only to show how the law applies to a common set of facts.
The illustrative scenario
Someone is trying to understand interim maintenance. How maintenance applications now move under BNSS, and the mandatory financial disclosure the Supreme Court introduced.
The question
The natural question that follows is:
What do I need to file to claim interim maintenance?
How the general rule applies
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.
An affidavit disclosing your assets and liabilities, as required by Rajnesh v Neha (4 Nov 2020), alongside the maintenance application, now filed under BNSS s.144.
What often gets missed in situations like this
- 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.
As noted above, this scenario is a constructed illustration used to explain the general rule — it does not describe a real client, case, or outcome.
For the general rules, see Interim Maintenance: What Rajnesh v Neha Requires, 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 this touches a situation you are dealing with, you are welcome to discuss it in a consultation.
This page is general information about the law in India and is not legal advice. The position can vary with the facts, so it is worth getting advice on your specific situation.
This page provides general information about the law in India and is not legal advice. For advice on your specific situation, please consult a qualified advocate.