Short answer. The court fixes the money amount or other form of support based on the applicant's necessities and the adverse party's resources or means, along with payment terms, after provisionally determining the pertinent facts with regard to the probable case outcome. If denied, the main case must be tried and decided as early as possible.
What the law says
The court shall determine provisionally the pertinent facts, and shall render such orders as justice and equity may require, having due regard to the probable outcome of the case and such other circumstances as may aid in the proper resolution of the question involved. If the application is granted, the court shall fix the amount of money to be provisionally paid or such other forms of support as should be provided, taking into account the necessities of the applicant and the resources or means of the adverse party, and the terms of payment or mode for providing the support. If the application is denied, the principal case shall be tried and decided as early as possible.
Rule 61, Section 4 — Order. Read the full provision →
A provisional finding, not a final one
Rule 61, Section 4 has the court determine the pertinent facts only provisionally, and issue such orders as justice and equity require. This determination has due regard to the probable outcome of the main case and other circumstances that aid in resolving the support question — meaning it is a preliminary assessment, not the final adjudication of the underlying dispute.
What the court fixes when the application is granted
If the application succeeds, the section requires the court to fix the amount of money to be provisionally paid, or the other forms of support to be provided, taking into account two specific factors: the necessities of the applicant and the resources or means of the adverse party. The court also sets the terms of payment or the mode for providing the support, not just the bottom-line figure.
What happens if the application is denied
Denial of the application does not end the matter of support altogether — it simply means no provisional support order issues while the case proceeds. The section directs that, in that scenario, the principal case shall be tried and decided as early as possible, keeping the underlying dispute moving quickly given the stakes involved, since the applicant is left without provisional relief until the main case is finally resolved on the merits.
Why the two factors work together
Weighing the applicant's necessities against the adverse party's resources keeps the provisional amount tethered to real need and real capacity to pay, rather than an arbitrary figure. A support order fixed too high relative to the paying party's actual means risks being unenforceable in practice, while one fixed too low fails the very purpose of pendente lite support — keeping the applicant provided for while the main case is still being litigated.