Interim maintenance refers to temporary financial assistance granted by a competent court to a claimant during the pendency of proceedings for maintenance.
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Interim Maintenance under Section 125 CrPC – Legal Position under BNSS, 2023
Interim maintenance refers to temporary financial assistance granted by a competent court to a claimant during the pendency of proceedings for maintenance. Under the erstwhile Section 125 of the Code of Criminal Procedure, 1973, such relief was intended to provide immediate subsistence to a wife, child, or parent who is unable to maintain themselves.
With the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the provisions relating to maintenance have been substantially retained in substance, thereby preserving the welfare objective underlying Section 125 CrPC. The BNSS empowers the Magistrate to grant interim maintenance, along with expenses of proceedings, at any stage of the case, where it appears that the claimant has a prima facie entitlement and is in need of immediate financial support.
The object of granting interim maintenance is to prevent destitution and vagrancy by ensuring that the dependent is not left without means of livelihood during the pendency of often protracted legal proceedings. While determining interim maintenance, the court considers factors such as the income and financial capacity of the respondent, the reasonable needs of the claimant, the standard of living enjoyed during the subsistence of the relationship, and other relevant circumstances.
Interim maintenance is summary in nature and does not involve a detailed adjudication of rights, as is required for final maintenance. It is granted on the basis of a prima facie assessment and remains subject to modification, variation, or adjustment at the time of final disposal of the main petition.
The amount awarded as interim maintenance is ordinarily payable from the date of the application or from the date of the order, as may be directed by the court. Non-compliance with such an order may invite coercive measures, including the issuance of warrants or other modes of enforcement as provided under the BNSS.
In essence, interim maintenance under the BNSS continues to function as an important social justice mechanism, aimed at providing immediate relief and safeguarding the dignity and basic sustenance of dependents pending final adjudication of their maintenance claims.
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