If you are a spouse without independent income and need to secure both interim maintenance and a residence order while your divorce proceedings are pending, understanding the specific procedures for pursuing both of these genuinely important protections is important.

For interim maintenance, the relevant provision is Section 24 of the Hindu Marriage Act, 1955, which specifically allows either spouse, during the pendency of any matrimonial proceeding, to apply for interim maintenance and litigation expenses where they do not have sufficient independent income to support themselves and to properly bear the expenses of the ongoing proceeding.

To properly pursue this application, your advocate would file a formal application before the same Family Court hearing your divorce petition, specifically detailing your lack of independent income, your genuine and reasonable monthly expenses, and your spouse's income and financial capacity, since the court will assess both parties' respective financial circumstances in determining an appropriate interim amount.

If you genuinely lack detailed information about your spouse's specific income and assets, it is worth understanding that your advocate can request the court to direct your spouse to disclose this information, including through production of income tax returns, salary slips, or other relevant financial documentation, as discussed in relation to how income tax returns can be relied upon to establish income in maintenance proceedings, ensuring the court has a properly complete picture before determining an appropriate amount.

This interim maintenance application is generally designed to be resolved relatively swiftly compared to the main divorce proceeding itself, since its entire purpose is to ensure you are not left without adequate support while your broader case continues, and courts generally aim to address these interim applications within a reasonably prompt timeframe given this genuine urgency.

For a residence order, if your specific concern relates to securing your continued right to remain in your matrimonial home, or, alternatively, obtaining alternative appropriate accommodation, the relevant remedy is a Residence Order under Section 19 of the Protection of Women from Domestic Violence Act, 2005, provided you are a woman and can establish the underlying elements this Act requires, including a domestic relationship and, generally, some element of domestic violence or the genuine threat of being wrongfully denied your right to reside in the shared household.

To pursue this remedy, you would file an application under Section 12 of the Domestic Violence Act before the Magistrate having jurisdiction, specifically requesting a Residence Order alongside any other relief you require, such as Monetary Relief under Section 20 or a Protection Order under Section 18 if you have experienced or fear harassment.

If you are currently residing in the matrimonial home and specifically fear being forced out, a Residence Order can specifically prevent your husband or his relatives from dispossessing you from this shared household, or from disturbing your possession of it, without the court's specific permission.

If you have already been forced out of your matrimonial home and require alternative accommodation, this Residence Order provision also allows the court to direct that alternative accommodation be provided to you, or, in appropriate cases, that rent be paid for such accommodation, ensuring your genuine housing needs are properly addressed.

If your divorce proceedings and your Domestic Violence Act application are pending simultaneously, it is worth ensuring both your advocate and the respective courts are properly aware of both proceedings, since these matters, while pursued through somewhat different specific frameworks, are genuinely interconnected and address complementary aspects of your overall protection and support needs during this difficult period.

Given how genuinely important it is to properly and promptly secure both financial support and housing security while your divorce proceeds, it is essential to consult an experienced family law advocate. You can reach out via Aapka Legal Advice for guidance on properly pursuing both interim maintenance under Section 24 of the Hindu Marriage Act and a Residence Order under the Protection of Women from Domestic Violence Act, 2005.

You can review Top Divorce Lawyers in India | Aapka Legal Advice for relevant experience securing these combined protections.

Many people find real value in obtaining an independent, experienced perspective from the panel of retired judges available through certain legal consultation platforms.

If formal legal representation is required, engaging an experienced advocate will ensure both your financial and housing needs are properly and promptly addressed.

In summary, a spouse without independent income can seek interim maintenance under Section 24 of the Hindu Marriage Act, 1955 through a formal application before the Family Court hearing the divorce proceedings, detailing their genuine financial need and their spouse's income capacity, and can separately seek a Residence Order under Section 19 of the Protection of Women from Domestic Violence Act, 2005 through an application before the Magistrate, ensuring both financial support and housing security are properly secured while the broader divorce case continues.