Code: Section 37 – Permanent Alimony and Maintenance
(1) Any court exercising jurisdiction under Chapter V or Chapter VI may, at the time of passing any decree or at any time subsequent to the decree, on application made to it for the purpose, order that the husband shall secure to the wife for her maintenance and support, if necessary, by a charge on the husband’s property such gross sum or such monthly or periodical payment of money for a term not exceeding her life, as, having regard to her own property, if any, her husband’s property and ability, the conduct of the parties and other circumstances of the case, it may seem to the court to be just.
(2) If the district court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as it may seem to the court to be just.
(3) If the district court is satisfied that the wife in whose favour an order has been made under this section has remarried or is not leading a chaste life, it may, at the instance of the husband, vary, modify or rescind any such order and in such manner as the court may deem just.
Explanation of Section 37 – Special Marriage Act
Section 37 of the Special Marriage Act provides for the grant of permanent alimony and maintenance to the wife. This relief may be awarded at the time of passing a final decree (such as divorce or judicial separation) or at a later stage upon the wife’s application.
This provision empowers the court to ensure financial stability for the wife after the breakdown of a marriage, based on an assessment of the economic position and conduct of both parties.
Key Features:
- Relief can be granted:
- At the time of decree (divorce, separation, etc.)
- Any time after the decree upon application
- Nature of Relief:
- Lump sum or monthly/periodic maintenance
- May continue for the wife’s lifetime
- Court may impose a charge on the husband’s property to secure payments
- Factors considered:
- Property and income of both parties
- Ability of the husband to pay
- Conduct of both parties
- Other relevant circumstances
- Modification of Order:
- Either party may seek modification if there is a change in financial or personal circumstances.
- Termination of Maintenance:
- If the wife remarries or is found not leading a chaste life, the husband can request cancellation or alteration of the maintenance order.
Illustration
Example 1: Permanent Monthly Alimony
A couple is granted a divorce. The court finds that the wife has no independent source of income and the husband earns ₹1,50,000 per month. The court orders him to pay ₹25,000 monthly as permanent alimony and secures the payment by attaching a portion of his rental income.
Example 2: Cancellation Due to Remarriage
After a divorce decree, the wife is awarded ₹20,000 per month. Two years later, she remarries. The husband files an application under Section 37(3), and the court terminates the alimony due to her changed marital status.
Common Questions and Answers on Section 37 SMA
Q1. What is the difference between alimony under Section 36 and Section 37?
- Section 36: Interim (pendente lite) maintenance during the case.
- Section 37: Permanent alimony granted after or at the time of final decree.
Q2. Can the court order a one-time (lump sum) alimony under Section 37?
Yes. The court may grant either a lump sum or periodic maintenance, depending on the facts of the case and financial capacity of the husband.
Q3. What happens if the husband’s financial situation changes later?
Either party can approach the court for a revision under Section 37(2), and the court may modify or cancel the order accordingly.
Q4. Can the maintenance be secured through the husband’s property?
Yes. The court may create a charge on the husband’s property to ensure payment of alimony.
Q5. Can maintenance be revoked if the wife is not leading a chaste life?
Yes. If the wife remarries or is not leading a chaste life, the husband can request the court to cancel or revise the alimony order under Section 37(3).
Conclusion
Section 37 of the Special Marriage Act ensures financial protection for the wife after divorce or separation, reinforcing her right to live with dignity and security. It balances fairness with accountability, considering both financial need and personal conduct. This section also provides mechanisms to revise or cancel maintenance in case of significant life changes.
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