Code: Section 36 – Alimony Pendente Lite
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.
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.
Explanation of Section 36 – Special Marriage Act
Section 36 of the Special Marriage Act deals with the concept of “alimony pendente lite” — that is, interim financial support granted to the wife during the pendency of matrimonial proceedings. It ensures that a wife who lacks sufficient income is not financially handicapped in pursuing or defending her case.
This provision empowers the district court to order the husband to pay:
- The necessary expenses of the legal proceeding, and
- Weekly or monthly maintenance (interim alimony) during the pendency of the case.
The court assesses the husband’s income and the wife’s financial need before determining the amount.
Key Features:
- Applicable only when:
- The proceeding falls under Chapter V (Matrimonial Reliefs) or Chapter VI (Nullity of Marriage and Divorce).
- The wife lacks sufficient independent income.
- Relief includes:
- Costs of the proceeding (lawyers, court fees, etc.)
- Weekly or monthly financial maintenance.
- Time limit: The court must try to dispose of the application within 60 days from the date the notice is served to the husband.
Illustration
Example 1: Wife Seeks Interim Maintenance in Divorce Proceedings
A woman files for divorce and applies for interim maintenance under Section 36, as she has no income. The court reviews the husband’s financial documents, finds that he earns ₹80,000/month, and orders him to pay ₹15,000/month to his wife during the case, along with ₹10,000 toward legal expenses.
Example 2: Timely Decision on Application
After being served notice, the husband appears in court. As per the proviso to Section 36, the court ensures the wife’s application for alimony is resolved within 60 days, enabling her to participate in the case with financial security.
Common Questions and Answers on Section 36 SMA
Q1. Who can apply for alimony pendente lite under Section 36?
Only the wife can apply, and only if she lacks adequate income for her own support and litigation expenses.
Q2. What does “pendente lite” mean?
“Pendente lite” is a Latin term meaning “during litigation.” It refers to financial support granted while the case is ongoing.
Q3. Is there a fixed amount that the court grants?
No. The court considers factors such as:
- Husband’s income and liabilities
- Wife’s financial condition
- Standard of living maintained during the marriage
Q4. How quickly does the court decide on such an application?
As per the law, the court must, as far as possible, dispose of the application within 60 days from the date notice is served on the husband.
Q5. Can this relief be modified later?
Yes. Either party may apply for a revision in amount based on changed financial circumstances during the pendency of the proceedings.
Conclusion
Section 36 of the Special Marriage Act protects the financial rights of women during matrimonial disputes by ensuring that they are not placed at an economic disadvantage while seeking justice. It facilitates equal access to legal remedies regardless of financial capability and upholds the principle of fairness in matrimonial proceedings.
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