Interim order or interim relief under Indian laws

An interim order (or interim relief) is a temporary order passed by a court, tribunal, or competent authority during the pendency of a case.

It is issued when immediate court intervention is necessary to prevent irreparable harm, protect property or legal rights, maintain the status quo, grant urgent financial relief, or ensure fairness during proceedings.

Interim orders are important, as they can prevent justice from being defeated by delay, preserve rights during lengthy trials, minimize financial hardship, or protect property from misuse or transfer. Without interim relief, the final judgment may become ineffective in some cases.

It operates only during the pendency of the case and remains effective until modified, vacated, or replaced by a final order.

Laws talking about interim relief in India

Interim orders are procedural in nature and are available under multiple Indian statutes, including civil, matrimonial, criminal, arbitration, and domestic violence laws. Here are some of them with links to read them in detail.

1. Code of Civil Procedure, 1908 (CPC)

The CPC is the primary law governing interim orders in civil cases:

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Order 39: Temporary injunctions and interlocutory orders
Order 38: Arrest and attachment before judgement
Order 40: Appointment of receivers
Section 151: Inherent powers of the court

Order 39 specifically deals with temporary injunctions, which are granted when a prima facie case exists, the balance of convenience favors the applicant, and irreparable injury would occur without relief.

Note: The term ‘interim order’ is a broad category of temporary relief. A temporary injunction is a specific type of interim relief under Order 39 of the Civil Procedure Code. All temporary injunctions are interim orders, but not all interim orders are temporary injunctions.

2. Hindu Marriage Act, 1955

Matrimonial courts frequently grant interim relief under:

Section 24: Maintenance pendente lite and expenses of proceedings
Section 26: Interim custody, maintenance, and education of children

These provisions ensure financial and custodial support during divorce or matrimonial proceedings.

3. Arbitration and Conciliation Act, 1996

Interim protection is available both before and during arbitration:

Section 9: Interim measures by the Court
Section 17: Interim measures ordered by arbitral tribunal

Courts or tribunals may protect assets, preserve evidence, or secure the subject matter of arbitration.

4. Protection of Women from Domestic Violence Act, 2005

Section 23: Power to grant interim and ex parte orders

Magistrates may pass urgent protection, residence, or monetary relief orders pending final disposal of the complaint.

5. Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

The BNSS, which replaced the Code of Criminal Procedure, 1973, provides preventive and temporary orders in criminal law matters.

Sections 144, 146, and 147 of Bharatiya Nagarik Suraksha Sanhita have mentions of interim maintenance.

Section 144: Order for maintenance of wives, children, and parents
Section 146: Alteration in allowance
Section 147: Enforcement of order of maintenance

To sum up, an interim order is a temporary judicial safeguard available across multiple statutes. It is not a standalone law but a procedural mechanism designed to protect rights until final adjudication.

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