MAINTENANCE — Interim Maintenance — Nature of proceedings Interim maintenance proceedings are summary in nature and are not intended to be converted into a full-fledged trial. At the stage of interim maintenance, the Court is required to make only a prima facie assessment based on pleadings and material placed on record. Paras 17, 32(ii)

MAINTENANCE — Interim Maintenance — Nature of proceedings

Interim maintenance proceedings are summary in nature and are not intended to be converted into a full-fledged trial.

At the stage of interim maintenance, the Court is required to make only a prima facie assessment based on pleadings and material placed on record.

Paras 17, 32(ii)

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MAINTENANCE — Interim Maintenance — Recording of evidence — Not required

Recording of oral evidence is not mandatory while deciding an application for interim maintenance.

Interim maintenance is ordinarily decided on:

• pleadings,

• affidavits of disclosure,

• documents produced,

• and reasonable estimation.

Detailed enquiry, cross-examination or trial is not contemplated at the interim stage.

Paras 32(ii), 32(v)

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MAINTENANCE — Interim Maintenance — Basis of determination

At the interim stage:

• some amount of guess-work or rough estimation is inevitable;

• the Court makes a tentative assessment, not a final adjudication.

Disputes regarding correctness of income are to be decided at the stage of final maintenance, after evidence.

Para 32(ii)

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MAINTENANCE — Interim Maintenance — Affidavit of disclosure — Mandatory

For effective determination of interim maintenance:

• parties must file Affidavit of Disclosure of Assets and Liabilities;

• decision shall be based on pleadings and affidavits;

• failure of respondent to file affidavit empowers Court to proceed on applicant’s affidavit alone.

Paras 32(iv), 32(v), 32(xi)(a)–(c)

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MAINTENANCE — Interim Maintenance — Procedure

Family Court / Magistrate:

• shall decide interim maintenance on affidavits;

• may invoke Order X CPC or Section 165 Evidence Act if necessary;

• may draw adverse inference under Section 106 Evidence Act where income is within personal knowledge of spouse.

Para 32(xi)(f)

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MAINTENANCE — Interim Maintenance — Time-bound disposal

Applications for interim maintenance must be decided expeditiously.

Court must endeavour to decide interim maintenance:

• within four to six months,

• after filing of affidavits of disclosure.

Delay defeats the object of maintenance laws.

Paras 32(i), 32(xi)(j)

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MAINTENANCE — Interim Maintenance — Object

The purpose of interim maintenance is:

• to prevent destitution and vagrancy;

• to ensure survival and dignity of the dependant spouse and children;

• not to punish the other spouse.

Paras 7, 17, 38(i)

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MAINTENANCE — Interim Maintenance — Evidence permitted only for final determination

Oral and documentary evidence is required only for permanent alimony or final maintenance, not for interim maintenance.

Para 38 (Permanent alimony — clause (i))

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MAINTENANCE — Interim Maintenance — Summary nature reaffirmed

Proceedings under Section 125 CrPC and allied maintenance laws are:

• summary in nature;

• intended to provide speedy relief;

• not governed by strict rules of trial applicable to civil suits.

Paras 17, 19

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KEY RATIO DECIDENDI

“Interim maintenance is decided on affidavits and pleadings.
Recording of evidence is not contemplated at the interim stage.”

(derived from Paras 32(ii), 32(v), 38(i))

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RELEVANT PARAGRAPHS — QUICK REFERENCE

Issue	Paragraph No.
Summary nature of proceedings	Paras 17, 19
Interim maintenance decided on pleadings	Para 32(ii)
Guess-work / prima facie assessment	Para 32(ii)
No evidence at interim stage	Paras 32(ii), 32(v)
Affidavit of assets mandatory	Paras 32(iv), 32(xi)
Court may proceed without respondent affidavit	Para 32(xi)(c)
Evidence only for final maintenance	Para 38(i)
Time limit for interim maintenance	Paras 32(i), 32(xi)(j)

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LEGAL PROPOSITION (READY TO CITE)

While deciding an application for interim maintenance, recording of oral evidence is not necessary.
Interim maintenance is to be determined on pleadings, affidavits of disclosure and prima facie material, since the proceedings are summary in nature.

— Rajnesh v. Neha & Anr., (2021) 2 SCC 324
Paras 32(ii), 32(v), 38(i)