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. Based on husbands income the alimony is decided by the court.

By Act 49 of 2001 a new part has been included which says –

Provided that the application for the payment of the expenses of the proceeding and such weekly or monthly sum during the proceeding under Chapter V or Chapter VI, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the husband.

i.e. It says that the payment of expenses shall be disposed within 60 days from notice to husband.

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