Every maintenance case under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 — the successor to Section 125 CrPC — passes through two distinct gates. First comes interim maintenance: a provisional monthly amount, fixed early, to prevent destitution while the case is fought. Later comes the final order, made after evidence, which supersedes the interim arrangement and governs until altered. Parties who treat the two stages as interchangeable — or assume the interim figure will simply become final — routinely misjudge their case.
The two gates compared
| Feature | Interim maintenance | Final maintenance |
|---|---|---|
| Statutory basis | Section 144(1), second and third provisos, BNSS | Section 144(1) BNSS, main provision |
| Material considered | Pleadings and sworn income affidavits; prima facie view | Full evidence: affidavits tested in cross-examination, documents proved |
| Timeline | To be decided, as far as possible, within 60 days of notice | On conclusion of the maintenance petition |
| Durability | Operates during pendency; merges into the final order | Operates until altered under Section 146 BNSS on changed circumstances |
| Typical disputes | Concealed income, lifestyle vs declared earnings, urgent needs | Proved income, potential vs actual earning, standard of living, conduct defences |
What decides the interim figure
Because the court cannot hold a mini-trial at the interim stage, the sworn affidavit of assets, income and expenditure filed by each side carries decisive weight. Courts look for the tell-tale signals: bank credits that dwarf declared salary, EMIs on assets a "penniless" respondent somehow services, school fees paid without visible income, and — on the claimant\'s side — qualifications and past employment that bear on earning capacity. The interim order is deliberately rough justice: enough to sustain the claimant and children at a standard bearing some relation to the matrimonial household, without pre-judging the trial.
What changes at the final stage
Three things. First, the burden becomes real: assertions in affidavits must survive cross-examination, and documents must be proved. Second, defences that are irrelevant at the interim stage acquire weight — for instance, the statutory disentitlements in Section 144(4) and (5) BNSS (living in adultery, refusal without sufficient reason to live with the husband, or living separately by mutual consent) are decided on evidence, not allegation. Third, quantum is fixed with more precision: proved income is apportioned with regard to the needs of all dependants, and the final order states its effective date and its relationship with amounts paid under other orders — DV Act monetary relief or Section 24 HMA pendente lite — so that overlapping awards adjust rather than stack.
Running the two stages well
- For claimants: file a complete, honest affidavit early; document household expenses contemporaneously; seek maintenance from the date of application; and press for the sixty-day disposal of the interim application.
- For respondents: disclose income candidly — concealment discovered later poisons the final hearing; place liabilities and dependants on record with proof; and comply with the interim order while contesting quantum, since default forfeits sympathy and invites coercive process.
- For both: keep pleadings consistent across the maintenance case, DV case and matrimonial petition; contradictions between forums are the most common self-inflicted wound in Delhi\'s family litigation.
After the final order, the statute stays flexible: Section 146 BNSS permits alteration on proof of a change in circumstances — a job gained or lost, remarriage, illness — and Section 147 deals with enforcement and cancellation consequences. Maintenance law aims at a moving target, and both orders are instruments, not verdicts on character.
Frequently Asked Questions
How quickly must an interim maintenance application be decided?
The second proviso to Section 144(1) BNSS directs that an application for interim maintenance and expenses of proceedings shall, as far as possible, be disposed of within sixty days of service of notice on the respondent. Delhi's family courts treat the income affidavits of both parties as the backbone of that exercise.
From which date is maintenance payable?
Section 144(2) BNSS permits maintenance to be awarded from the date of the order or from the date of the application. Consistent practice, reinforced by the affidavit-of-assets regime, favours awarding from the date of application, precisely so that delay in litigation does not profit the paying spouse.
Can the final amount be lower than the interim amount?
Yes. The interim figure rests on a prima facie assessment of affidavits; the final determination rests on proved income, standard of living and needs after cross-examination. If the evidence shows the interim assessment was too high — or too low — the final order recalibrates. Amounts already paid under a valid interim order are, however, not ordinarily refundable.
What happens if interim maintenance is not paid?
Non-payment invites enforcement under Section 144(3) BNSS: a warrant for levy of the amount due, and even imprisonment up to one month per month of unpaid maintenance after warrant. Courts may also strike defences in connected proceedings for wilful default. Arrears applications must be pursued diligently, as recovery warrants require an application within a year of the amount falling due.