Interim maintenance refers to temporary financial assistance granted by a competent court to a claimant during the pendency of proceedings for maintenance.
Verified Lawyers
Consultation starting from ā¹ 2999
Interim Maintenance under Section 125 CrPC – Legal Position under BNSS, 2023
Interim maintenance refers to temporary financial assistance granted by a competent court to a claimant during the pendency of proceedings for maintenance. Under the erstwhile Section 125 of the Code of Criminal Procedure, 1973, such relief was intended to provide immediate subsistence to a wife, child, or parent who is unable to maintain themselves.
With the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the provisions relating to maintenance have been substantially retained in substance, thereby preserving the welfare objective underlying Section 125 CrPC. The BNSS empowers the Magistrate to grant interim maintenance, along with expenses of proceedings, at any stage of the case, where it appears that the claimant has a prima facie entitlement and is in need of immediate financial support.
The object of granting interim maintenance is to prevent destitution and vagrancy by ensuring that the dependent is not left without means of livelihood during the pendency of often protracted legal proceedings. While determining interim maintenance, the court considers factors such as the income and financial capacity of the respondent, the reasonable needs of the claimant, the standard of living enjoyed during the subsistence of the relationship, and other relevant circumstances.
Interim maintenance is summary in nature and does not involve a detailed adjudication of rights, as is required for final maintenance. It is granted on the basis of a prima facie assessment and remains subject to modification, variation, or adjustment at the time of final disposal of the main petition.
The amount awarded as interim maintenance is ordinarily payable from the date of the application or from the date of the order, as may be directed by the court. Non-compliance with such an order may invite coercive measures, including the issuance of warrants or other modes of enforcement as provided under the BNSS.
In essence, interim maintenance under the BNSS continues to function as an important social justice mechanism, aimed at providing immediate relief and safeguarding the dignity and basic sustenance of dependents pending final adjudication of their maintenance claims.
.png)
They maintain high standards š
They explained every step clearly
Their legal advice was spot on šÆ
Their legal advice was spot on šÆ
LegalAxis is very reliable and trustworthy š
They delivered results beyond my expectations š
Their team is highly professional and knowledgeable š
Legal Axis ą¤ą¤ ą¤¬ą¤¹ą„ą¤¤ ą¤¹ą„ ą¤ą¤°ą„ą¤øą„ą¤®ą¤ą¤¦ ą¤ą¤° ą¤Ŗą„ą¤°ą„ą¤«ą„ą¤¶ą¤Øą¤² ą¤²ą„ą¤ą¤² ą¤øą¤°ą„ą¤µą¤æą¤ø ą¤Ŗą„ą¤²ą„ą¤ą¤«ą„ą¤°ą„ą¤® ą¤¹ą„ą„¤
verything was smooth and transparent. I would definitely recommend them š
I had a great experience with their team as they were very helpful and guided me at every step.
They explained everything clearly and made the entire process smooth and stress-free.
Legal Axis provided an excellent experience.
Timely communication and regular updates help clients stay informed about the progress of their work.
Timely communication and regular updates help clients stay informed about the progress of their work.
Strong focus on client satisfaction
Legal Axis also stands out for its user-friendly platform and accessibility.
Provide structured support
I appreciate their professionalism.
LegalAxis made a complex process simple.
Their professionalism is commendable.
Their process is transparent and smooth.
LegalAxis is both efficient and trustworthy.
LegalAxis provided quick and reliable solutions.
LegalAxis handled my case with exceptional care and efficiency.
Legal jargon is simplified into actionable insights
If navigating legal complexities feels like walking through a maze, LegalAxis comes across as that rare guide who not only knows the pathābut walks it with you.
They handled everything with professionalism.
Great customer service and follow-up.
LegalAxis made everything stress-free.
They kept me informed at every stage.
Iām very satisfied with the service offered by LegalAxis.
Client-friendly approach
I always felt supported.
LegalAxis made a complicated legal matter simple and stress-free.
felt confident throughout the process.ā
Their expertise in corporate law is excellent.
They guided me step-by-step.
Their customer service is outstanding.
Their legal advice is accurate and helpful.
LegalAxis provides highly professional legal services.
LegalAxis offers dependable and high-quality legal services.
Their expertise and attention to detail ensured everything was completed accurately and on time.
Their team handled everything efficiently and kept me informed throughout the process.
Everything felt organized
Everything was managed properly
Felt professional from start to finish
I had to remind them multiple times
Easy process tha, samajh aa gaya sab
Experience overall acha raha
Professional log hain š
Pay securely with major Credit and Debit cards, online Wallets and UPI
Consult on WhatsApp
