1. Who can apply for maintenance pending suit?
A husband or wife may apply for maintenance pending suit if he or she needs financial support during the proceedings.
The applicant is often described as the “needy spouse”. The court will consider the applicant’s reasonable immediate financial needs and the other party’s ability to pay.
Procedurally, an application is typically made via a Summons supported by an affidavit/affirmation explaining both the reasonable immediate needs of the applicant spouse and the respondent spouse’ ability to pay. A call-over hearing will be fixed by the Court and the Summons, together with the affidavit/affirmation needs to be served on the other spouse. In the call-over hearing, the Court will give further directions including filing of affidavit evidence and fixing a date for argument.
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