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Can Interim Maintenance Be Refused Before the Final Decision?
Let’s understand with a simple example.
A and B are husband and wife.
Due to matrimonial disputes, B starts living separately and files an application seeking interim maintenance under Section 125 CrPC.
In response, A files an application under Section 125(4) CrPC, alleging that B is living in adultery, and places photographs, videos, and other electronic evidence before the Court in support of that application.
Question: Should the Court postpone deciding A’s application until the final disposal of the maintenance proceedings?
The Supreme Court says—not necessarily.
If the husband produces clear, cogent, and prima facie evidence establishing a statutory disqualification under Section 125(4) CrPC, the Court can examine that issue at the intermediate stage itself. It is not required to defer the issue in every case until the final adjudication.
However, mere allegations are not enough. If the evidence requires detailed examination or its authenticity is disputed, interim maintenance may continue until the Court decides the application under Section 125(4).
The judgment also reiterates that:
✔ Electronic evidence must satisfy the legal requirements for admissibility.
✔ Unsupported allegations cannot defeat a maintenance claim.
✔ Courts must balance the social object of maintenance law with the statutory disqualifications provided by Parliament.
Key Takeaway:
Interim maintenance is intended to prevent destitution, but it is not an absolute right. Where a statutory bar under Section 125(4) CrPC is supported by clear and prima facie evidence, the Court may examine that issue before granting or continuing interim maintenance.
Based on the Supreme Court judgment in Himanshu Chordia v. State of Rajasthan (2026 INSC 778).
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