Family Law

How Does Interim Maintenance Work Under the Domestic Violence Act and BNSS?

Last updated: 12 July 2026 · By Advocate Manish Sharma, Faridabad · General legal information, not legal advice

In short: To obtain interim maintenance during domestic violence proceedings in Faridabad, an applicant must file an application under Section 23 of the Protection of Women from Domestic Violence Act, 2005, or Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This requires submitting a comprehensive affidavit of assets and liabilities, enabling the Magistrate to grant immediate financial relief before final disposal of the main petition.

What is the statutory basis for interim maintenance under the DV Act?

Under the Protection of Women from Domestic Violence Act, 2005 (DV Act), Section 20 empowers the Magistrate to direct monetary relief, while Section 23 explicitly authorizes the court to grant interim and ex-parte orders. An aggrieved person can seek immediate financial support to meet expenses like food, shelter, and medical treatment. Additionally, Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—which replaces Section 125 of the Code of Criminal Procedure, 1973—provides a parallel remedy for maintenance. The Family Courts and judicial magistrates in Faridabad coordinate these provisions to prevent destitution. The courts emphasize that the primary objective of granting interim maintenance is to ensure the applicant is not put at a disadvantage due to financial constraints during the pendency of litigation. The determination of this interim amount is subjective but guided by statutory parameters, ensuring that the wife and children maintain a standard of living similar to what they enjoyed in the matrimonial home.

What is the significance of Rajnesh v. Neha in interim maintenance claims?

The landmark Supreme Court of India ruling in *Rajnesh v. Neha* (2020) revolutionized the procedure for determining interim maintenance across all forums, including the DV Act and the BNSS. The apex court mandated that both parties must file a comprehensive Affidavit of Assets and Liabilities. This affidavit must detail all sources of income, movable and immovable assets, outstanding debts, and personal expenses. In Haryana, including courts at Faridabad, compliance with this template is strictly monitored. If a party conceals material financial information, the court can draw an adverse inference. The *Rajnesh v. Neha* guidelines ensure that courts do not rely on guesswork to determine maintenance amounts, thereby streamlining the process and reducing delays. Additionally, the ruling established that maintenance is generally payable from the date on which the application was filed in court, protecting the applicant from prolonged litigating maneuvers. This mandatory disclosure minimizes the scope for suppressing income, making the process highly objective.

How does the new Bharatiya Nagarik Suraksha Sanhita, 2023 affect maintenance?

With the enforcement of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Section 144 has replaced the traditional Section 125 of the CrPC. The core principles of preventing destitution remain intact, but procedural efficiency has been enhanced. Section 144 of the BNSS mandates that an application for interim maintenance must be decided within sixty days from the date of service of notice to the respondent. This statutory timeline is designed to curb the delay tactics often employed by respondents in matrimonial disputes. In Faridabad courts, this provision is integrated with applications filed under Section 23 of the DV Act to ensure swift relief. Evidence regarding the husband's income, lifestyle, and liabilities is scrutinized under the provisions of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which has replaced the Indian Evidence Act, 1872. The court balances the husband's earning capacity against the wife's reasonable requirements to arrive at a just, fair, and equitable interim maintenance figure.

What criteria do Faridabad courts use to determine the maintenance amount?

Judicial Magistrates in Faridabad evaluate multiple objective criteria when deciding an interim maintenance application under the DV Act. The court assesses the husband's actual financial status, his professional qualifications, and his capacity to earn, alongside the non-working or working status of the wife. Under the principles established in *Kalyan Dey Chowdhury v. Rita Dey Chowdhury*, the Supreme Court indicated that 25% of the husband's net salary is generally a just benchmark for maintenance, though this is not a rigid mathematical formula. The court also factors in the cost of living in Faridabad and Delhi-NCR, educational expenses of any dependent children, and any medical necessities. Voluntary retirement or intentional reduction of income by the husband to evade liability is routinely rejected by courts. Under the Bharatiya Sakshya Adhiniyam, 2023, relevant financial documents like Income Tax Returns, bank statements, and salary slips serve as primary evidence to establish the true income of the spouse.

What legal remedies exist if the interim maintenance order is violated?

Non-compliance with an interim maintenance order carries stringent legal consequences. If the husband fails to pay the maintenance ordered under the DV Act or Section 144 of the BNSS, the applicant can file an execution petition under Section 20(6) of the DV Act or Section 144(3) of the BNSS. The court has the authority to issue a warrant for levying the amount due, which can include attachment of the respondent's salary, bank accounts, or immovable property. Furthermore, persistent default without sufficient cause can lead to the sentencing of the respondent to imprisonment for a term up to one month, or until payment is made. In *Aditi alias Mitu v. Jitesh Sharma* (2023), the Supreme Court reiterated that trial courts must take swift execution measures to prevent the orders from becoming mere paper decrees. Legal representatives in Faridabad assist clients in executing these orders promptly to secure financial stability.

Step-by-Step Procedure for Filing Interim Maintenance

Drafting the Petition: Prepare the main application under Section 12 of the DV Act along with an interim application under Section 23.
Filing Assets Affidavit: Compile and annex the mandatory Affidavit of Assets and Liabilities as prescribed in the Rajnesh v. Neha judgment.
Filing in Faridabad Court: Submit the petition before the Protection Officer or directly before the Judicial Magistrate First Class (JMFC) at Faridabad.
Service of Notice: Ensure formal service of summons and the petition copy to the respondent through physical and electronic modes as permitted.
Filing of Reply: The respondent must submit their reply along with their counter-affidavit of assets and liabilities within the stipulated timeline.
Arguments and Order: Present arguments on the interim application, after which the Magistrate will pass an interim maintenance order based on records.

Key Distinctions in Maintenance Frameworks

Legal Provision	Primary Purpose and Scope
Section 23, DV Act, 2005	Provides urgent interim monetary relief specifically for women facing domestic violence in shared households.
Section 144, BNSS, 2023	Replaces Sec 125 CrPC; provides a summary remedy to prevent destitution for wives, children, and parents.
Rajnesh v. Neha Guidelines	Mandates the compulsory filing of standardized assets and liabilities affidavits by both parties to determine quantum.
Section 20(6), DV Act	Enables direct enforcement of maintenance orders through employers or bank account attachments for non-compliance.

Frequently asked questions

How long does it take to get an interim maintenance order in Faridabad?

While Section 144 of the BNSS mandates a sixty-day timeline from the date of service of notice, practical judicial backlogs in Faridabad courts may extend this process to three to six months.

What happens if my husband hides his actual income in court?

Under the Rajnesh v. Neha ruling, if a party conceals their true income, the court can draw an adverse inference and estimate the income based on lifestyle, education, and previous standards of living.

Can a working woman claim interim maintenance under the DV Act?

Yes, if her income is insufficient to maintain the standard of living she enjoyed in her matrimonial home. The court will assess the income disparity and financial liabilities before passing an order.

Kya working wife ko bhi interim maintenance mil sakta hai?

Haan, agar wife ki income uske husband ke comparison mein bahut kam hai ya wo apna standard of living maintain nahi kar paa rahi hai, toh court use interim maintenance de sakta hai.

Agar husband interim maintenance ka paisa na de toh kya karein?

Agar husband order ke baad bhi paise nahi deta, toh aap court mein execution petition file kar sakti hain, jiske baad court husband ki salary ya property attach kar sakta hai ya use jail bhej sakta hai.

Can the interim maintenance amount be altered or modified later?

Yes, under Section 25 of the DV Act or Section 144(5) of the BNSS, either party can apply for modification of the maintenance amount if there is a substantial change in financial circumstances.