What is Alimony pendente lite under Special Marriage Act 1954?
According to Section 36 of Special Marriage Act 1954 – “Where in any proceeding under Chapter V or Chapter VI it appears to the district court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding , it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding , and weekly or monthly during the proceeding such sum as having regard to the husband’s income , it may seem to the court to be reasonable.” Important points of Section 36 – 1. Applicable for proceeding under Chapter V(Restitution of Conjugal Right and Judicial Separation) and Chapter VI( Nullity of Marriage and Divorce) of Special marriage Act 1954 2. Only wife has the right to claim Alimony pendent lite 3. District court feels that the wife incapable of maintaining her and run expenses of proceeding. 4. District court order husband to pay the reasonable expenses for proceedings which will be paid to wife weekly or monthly. 5. ...