How to Claim Interim Maintenance under Section 144 BNSS (2026)
How to claim interim maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023: who can claim, how the court fixes the amount quickly, the 60-day target, enforcement, and tracking the order. Last verified October 2026.
How-To Guide · Family Law · BNSS
Interim maintenance is money the court orders to be paid while the main maintenance case is still going on. It exists because a long case is no help when rent and food are due this month. Under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 125 of the old CrPC, a Magistrate can order a monthly allowance pending the final decision, and the law asks that this interim claim be decided quickly. This guide explains who can claim interim maintenance, how the court fixes the amount, the 60-day target, how to enforce the order, and how to follow the matter. Last verified October 2026.
- Law: Section 144 of the BNSS, the successor to Section 125 CrPC, allows interim maintenance pending the main case.
- Who: a wife, children or parents who cannot maintain themselves, where the other person has means and refuses to pay.
- Speed: the interim claim should be decided, as far as possible, within 60 days of notice.
- Proof: file an income and assets affidavit as directed in Rajnesh v. Neha to get a fair amount quickly.
01What interim maintenance is
A maintenance case can take months, sometimes years, to finish. Interim maintenance is the monthly allowance a court orders in the meantime, so the person who cannot support themselves is not left destitute while the case runs.
Under Section 144 of the BNSS, which carries forward Section 125 of the old CrPC, the Magistrate can order interim maintenance pending the disposal of the main application. It is a temporary order. The final amount is fixed only when the main case is decided, and the interim order can be adjusted later. For the full main claim, see how to claim maintenance under Section 144 BNSS.
02Who can claim interim maintenance
The same people who can claim maintenance under Section 144 can ask for interim maintenance while the case is pending:
- A wife who cannot maintain herself, including in many cases a divorced wife who has not remarried.
- Children, whether legitimate or not, who cannot maintain themselves.
- Parents who are unable to maintain themselves.
The claimant must show that the other person has sufficient means and has neglected or refused to maintain them. For the older provision and how it reads, see Section 125 CrPC maintenance explained.
03How the court fixes the interim amount
The court does not hold a full trial for interim maintenance. It makes a quick, fair estimate based on the papers. It looks at:
- The income and assets of the person who has to pay.
- The reasonable needs of the claimant, and the standard of living the family was used to.
- The claimant own income, if any.
- The number of dependants the paying person must support.
Because it is interim, the amount is meant to cover basic needs for now, not to settle every claim. The final figure is decided when the main case ends.
04The 60-day target and income affidavits
The law expects interim maintenance to be decided fast. The provision says the interim application should, as far as possible, be disposed of within 60 days from the date notice is served on the other side.
File a clear income affidavit
In Rajnesh v. Neha, the Supreme Court directed that both sides file affidavits of their income, assets and liabilities in maintenance cases. A clear, honest affidavit, with salary slips, bank statements or tax returns, helps the court fix a fair interim amount quickly and avoids delay.
Attach your affidavit and whatever proof of the other side income you can get. The better the financial picture before the court, the faster and fairer the interim order.
05Step by step: how to claim interim maintenance
- File the main application under Section 144 BNSS before the Magistrate with jurisdiction, usually where you live, where the other party lives, or where you last lived together.
- File an interim application along with it, asking for a monthly allowance pending the main case.
- File your income and assets affidavit in the Rajnesh v. Neha format, and give proof of the other side income if you can.
- Ask for an early decision, relying on the 60-day target.
- Attend the hearing and press for an amount that meets basic monthly needs.
- Get a certified copy of the interim order once it is passed.
If you are also pursuing other family remedies, you can claim maintenance under more than one law, though courts adjust amounts to avoid double payment. See how to file a maintenance petition.
06Enforcing an interim maintenance order
An interim order is binding from the date the court fixes, often the date of the application. If the paying person does not pay, you can enforce it.
- Apply to the same court to recover the unpaid amount as arrears.
- The court can issue a warrant to recover the money, much like a fine.
- In case of continued default, the court can order imprisonment for the period of default, which is a pressure to pay, not a discharge of the debt.
Keep a record of what was ordered, what was paid, and what is due, so arrears can be worked out clearly.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
An interim maintenance claim runs alongside the main case, with its own dates, affidavits and enforcement steps, and it is easy to lose track of the next hearing. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, so you can follow a Section 144 matter by party name and get the next date without scanning cause lists by hand. You can also search 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to see how courts have fixed interim amounts in similar situations, with results in under 5 seconds. Claw does not use your case documents to train its AI models.
Create a FREE Claw account to track your maintenance matter by party name, and use case search across Indian courts to find interim maintenance orders in similar cases.
08Sources and further reading
- India Code (Bharatiya Nagarik Suraksha Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Supreme Court of India (Rajnesh v. Neha and maintenance judgments): sci.gov.in
- Claw: clawlaw.in
This guide is general information, not legal advice. Take advice from an advocate before you act, and confirm the current law.
09Frequently asked questions
What is interim maintenance under Section 144 BNSS?
It is a monthly allowance the court orders while the main maintenance case under Section 144 of the BNSS is still going on. It prevents the claimant from being left destitute during the case. The final amount is fixed when the main case is decided.
Who can claim interim maintenance?
The same people who can claim maintenance under Section 144: a wife who cannot maintain herself, children who cannot maintain themselves, and parents unable to maintain themselves, where the other person has sufficient means and has neglected or refused to maintain them.
How fast is interim maintenance decided?
The law says the interim application should, as far as possible, be disposed of within 60 days from the date notice is served on the other side. A clear income affidavit helps the court decide quickly.
How does the court fix the interim amount?
It makes a quick estimate from the papers, looking at the income and assets of the person who must pay, the reasonable needs of the claimant, the claimant own income, and the number of dependants. It is meant to cover basic needs until the case ends.
What if the interim order is not paid?
You can apply to the same court to recover arrears. The court can issue a warrant to recover the money, and in case of continued default can order imprisonment for the default period, which pressures payment without wiping out the debt.
Do I need an income affidavit?
Yes, it is strongly advised. In Rajnesh v. Neha the Supreme Court directed both sides to file affidavits of income, assets and liabilities. A clear affidavit with salary slips, bank statements or tax returns helps you get a fair amount faster.