How-To · Family · Last verified October 2026

How to Get Interim Maintenance Faster (2026)

Interim maintenance is designed to be fast, because rent, food and a child's school fees do not wait for a final judgment. In practice, these applications often stall for months. The delay is rarely caused by the law itself, which sets short timelines, but by missing paperwork, parallel cases and repeated adjournments. This guide is about the practical levers that reduce that delay. It assumes you already know what interim maintenance is and how to claim it, and focuses on how to get a decision sooner. It is written in a neutral tone, applies to either spouse who is entitled to claim, and is general information, not legal advice. Last verified October 2026.

Quick reference
  • Disclosure first: file a complete affidavit of assets and liabilities with your application, as Rajnesh v. Neha, (2021) 2 SCC 324 requires, to remove the court's main reason to adjourn.
  • One forum: choose the route that fits and disclose any maintenance claimed elsewhere, so the court is not slowed by parallel proceedings.
  • Time targets: Section 24 HMA and Section 144 BNSS applications are to be decided, as far as possible, within 60 days; hold the court to it.
  • Starve the adjournment: stay ready, ask for costs against delay, and use video hearings so distance is not an excuse.
  • Then enforce: an order on paper is not money; a separate enforcement step may be needed if it is not paid.

01The short answer

The single biggest accelerator is the affidavit of disclosure of assets and liabilities that the Supreme Court made standard in Rajnesh v. Neha, (2021) 2 SCC 324. When both sides file a complete, honest disclosure affidavit at the start, the court has what it needs to fix an amount quickly. When they do not, the case stalls on fishing for financial details.

Three other levers help: choose one forum and disclose any maintenance already claimed elsewhere, so the court is not slowed by parallel proceedings; invoke the statutory time targets, roughly 60 days, that apply to these applications; and deny the other side easy adjournments. To understand the basics of claiming interim maintenance under the criminal-law route, see how to claim interim maintenance under Section 144 BNSS.

02Why interim maintenance gets delayed

Understanding the causes of delay tells you where the levers are. The usual culprits are:

  • Incomplete financial disclosure, so the court cannot fix a fair amount and keeps adjourning for particulars.
  • Parallel cases, where maintenance is claimed under more than one law at once, forcing the court to untangle overlap before it can decide.
  • Adjournments, sought by the paying side to put off the day the money starts.
  • Service problems, where the other party is hard to serve, which stops the clock.

Notice that none of these is the law being slow. Each is a practical bottleneck, and each can be reduced by the applicant acting first and acting completely.

03Lever 1: the disclosure affidavit, done right

In Rajnesh v. Neha, the Supreme Court directed that an affidavit of disclosure of assets and liabilities be filed by both parties in maintenance proceedings across the country. This is the most powerful tool you have to speed things up, because it removes the court's main reason to adjourn.

Use it to your advantage:

  • File a complete, honest affidavit with your application, not after the first few hearings. Attach proof: salary slips, bank statements, tax returns, rent, loan and school-fee details.
  • Press for the other side's affidavit at the first hearing, and point to Rajnesh v. Neha if it is not filed.
  • Flag concealment early. If the other side's affidavit hides income, say so with documents, because courts can draw an adverse inference against a party who does not disclose.

A well-prepared disclosure affidavit turns a vague dispute about who earns what into a short, document-based decision.

The fastest interim maintenance orders are the ones where the court is handed complete financial disclosure on day one, not asked to extract it over months.

04Lever 2: choose one forum, avoid duplication

Interim maintenance can be sought under more than one law: Section 24 of the Hindu Marriage Act, 1955 in a matrimonial case, Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the successor to Section 125 of the old CrPC), and Section 20 of the Protection of Women from Domestic Violence Act, 2005. Claiming in several at once feels thorough, but it often slows the decision, because the court has to work out the overlap first.

Rajnesh v. Neha addressed exactly this: it requires a party to disclose maintenance already claimed or received in any other proceeding, and allows a court to adjust an order so there is no double recovery. The practical lesson for speed is to choose the forum that fits your situation, state clearly what, if anything, has been claimed elsewhere, and let the court decide without first untangling parallel claims. Take advice on which forum is best for your facts.

05Lever 3: use the statutory time targets

The law itself asks these applications to be decided quickly, and you can hold the court to that.

RouteThe time target
Section 24, Hindu Marriage Act, 1955The application for interim maintenance and expenses is to be disposed of, as far as possible, within 60 days of notice to the respondent.
Section 144, BNSS, 2023Interim maintenance pending the main application is to be decided, as far as possible, within 60 days of service of notice.

These are targets, not hard deadlines, but they are useful. Record in your application that you are seeking an early decision within the statutory period, and remind the court of it at each hearing. A judge who is asked to keep to the timeline is more likely to resist delay than one who is not.

06Lever 4: cut off the adjournment

Adjournments are the quiet enemy of interim maintenance. A few practical moves reduce them:

  • Be ready at every hearing. If your side is always prepared, delay can only come from the other side, which is easier for the court to refuse.
  • Ask for costs where an adjournment is sought only to delay payment.
  • Use video-conference hearings where available, so travel or distance is not a reason to put the matter off.
  • Seek a short, time-bound order directing the other side to file their affidavit by a fixed date, so there is a consequence for not doing so.

None of this guarantees speed, but together these moves remove the usual excuses for delay and put the matter in a position to be decided.

07If the delay continues

If an interim maintenance application sits undecided well beyond the statutory period despite your efforts, options include a written reminder to the court about the Rajnesh v. Neha timelines, and, in a clear case, approaching the High Court to seek a direction for early disposal. These are steps to take with a lawyer, because the right approach depends on the court and the stage.

Once an order is made, the next challenge is often getting it paid. For that, see how to enforce a maintenance order.

08Where 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.

Speeding up an interim maintenance application is a matter of preparation and following the case closely, and Claw does not file or argue it for you. Where Claw helps is in keeping track of a family matter that can span many dates. Claw tracks family court, maintenance and domestic violence matters and appeals across 9,102 courts, benches and forums, with alerts and monitoring so a hearing date or a new order is not missed while you wait for the interim decision. Its Legal GPT researches across 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, so a lawyer can quickly find how courts have applied Rajnesh v. Neha and the interim-maintenance timelines. Results return in under 5 seconds, and Claw does not train its AI models on your documents. To follow a specific matter, you can run a case search across Indian courts by party name. These matters are sensitive and fact-specific; none of this is legal advice, so take advice on your own situation.

09Sources and further reading

This guide is general information, not legal advice. Maintenance matters are sensitive and fact-specific; take advice from a qualified professional before acting.

10Frequently asked questions

How can I get interim maintenance decided faster?

The most effective step is to file a complete and honest affidavit of disclosure of assets and liabilities with your application, as required by Rajnesh v. Neha, (2021) 2 SCC 324, and to press for the other side to file theirs at the first hearing. This removes the court's main reason to adjourn. Choosing a single appropriate forum, invoking the roughly 60-day statutory targets, and resisting adjournments also reduce delay.

What is the disclosure affidavit and why does it speed things up?

It is a sworn statement of each party's income, assets and liabilities, which the Supreme Court in Rajnesh v. Neha directed to be filed in maintenance proceedings across India. It speeds a case up because the court can fix a fair interim amount from documents rather than adjourning repeatedly to extract financial details. Courts can draw an adverse inference against a party who conceals income in the affidavit.

Should I claim interim maintenance under more than one law to be safe?

Claiming under several laws at once can actually slow the decision, because the court must first untangle the overlap. Rajnesh v. Neha requires you to disclose maintenance already claimed or received in any other proceeding and allows the court to adjust orders to avoid double recovery. It is usually faster to choose the forum that fits your facts and disclose clearly what, if anything, has been claimed elsewhere. Take advice on the best forum.

Is there a time limit for deciding interim maintenance?

The law sets targets rather than hard deadlines. An application under Section 24 of the Hindu Marriage Act, 1955 is to be disposed of, as far as possible, within 60 days of notice to the respondent, and interim maintenance under Section 144 of the BNSS, 2023 is to be decided, as far as possible, within 60 days of service of notice. Reminding the court of these targets at each hearing can help.

What can I do if the application is simply not being decided?

Stay fully prepared so delay can only come from the other side, seek costs for adjournments taken only to delay, and ask for a time-bound order for the other party to file their affidavit. If it still sits undecided well beyond the statutory period, a lawyer may advise approaching the High Court for a direction for early disposal. The right step depends on the court and the stage, so take advice.

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