Interim Maintenance: Such maintenance is provided during the pendency of the case in the court. The underlying idea behind giving such maintenance is that one party should not loose and stand on a weaker footing at the time of contesting the case. Quantum of such maintenance is dependent on a variety of factors but the most important aspect is the status of the parties prior to the filing of the case and the income/salary of the spouse against whom such maintenance is claimed. Court always tries to bring both the party at equal platform and footing.
Permanent Maintenance: It is awarded at the time when the whole case is finally decided. It could be periodical or monthly depends upon the facts and circumstances of the case.
MAINTENANCE LAW IN INDIA
There are various laws that govern within the aspect of maintenance in India. Some of the laws are under:
- Section 125 Cr.P.C Maintenance
- Section 24 Hindu Marriage Act (pendent lite maintenance)
- Section 36 of Special Marriage Act, 195 (pendent lite maintenance)
- Section 37 of Special Marriage Act, 1954 (for grant of permanent alimony at the time of passing decree)
- Section 18 Hindu Adoption and Maintenance Act
- Provisions under the Domestic Violence Act