Section 36 in Indian Divorce Act
Title: Alimony pendente lite
In any suit under this Act, whether it be instituted by a husband or a wife, and whether or not she has obtained an order of protection 1[the wife may present a petition for expenses of the proceedings and alimony pending the suit.]
Such petition shall be served on the husband; and the Court, on being satisfied of the truth of the statements therein contained, may make such order on the husband 2[for payment to the wife of the expenses of the proceedings and alimony pending the suit] alimony pending the suit as it may deem just:
3* * * * *
4[Provided further that the petition for the expenses of the proceedings and alimony pending the suit, shall, as far as possible, be disposed of within sixty days of service of such petition on the husband.]
1. Subs. by Act 49 of 2001, s. 2, for "the wife may present a petition for alimony pending the suit" (w.e.f. 24-9-2001).
2. Subs. by s. 2, ibid., for "for payment to the wife of alimony pending the suit" (w.e.f. 24-9-2001).
3. The proviso omitted by Act 51 of 2001, s. 21 (w.e.f. 3-10-2001).
4. Ins. by Act 49 of 2001, s. 2 (w.e.f. 24-9-2001).
Title: Power to order permanent alimony
1[Where a decree of dissolution of the marriage or a decree of judicial separation is obtained by the wife, the District Court may order that the husband shall] to the satisfaction of the court, secure to the wife such gross sum of money, or such annual sum of money for any term not exceeding her own life, as, having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it thinks reasonable; and for that purpose may cause a proper instrument to be executed by all necessary parties.
Power to order monthly or weekly payments.-- In every such case the Court may make an order on the husband for payment to the wife of such monthly or weekly sums for her maintenance and support as the Court may think reasonable.
Provided that if the husband afterwards from any cause becomes unable to make such payments, it shall be lawful for the Court to discharge or modify the order, or temporarily to suspend the same as to the whole or any part of the money so ordered to be paid, and again to revive the same order wholly or in part as to the court seems fit.
1. Subs. by Act 51 of 2001, s. 22, for certain words (w.e.f. 3-10-2001).
Title: Court may direct payment of alimony to wife or to her trustee
In all cases in which the Court makes any decree or order for alimony, it may direct the same to be paid either to the wife herself, or to any trustee on her behalf to be approved by the court, and may impose any terms or restrictions which to the Court seem expedient, and may from time to time appoint a new trustee, if it appears to the Court expedient so to do
[ Power to order settlement of wife's property for benefit of husband and children.]--Omitted by the Indian Divorce (Amendment) Act, 2001 (51 of 2001), s. 23 (w.e.f. 3-10-2001).
Title: Inquiry into existence of antenuptial or postnuptial settlements
1[The District Court may, before passing a decree for dissolution of the marriage or a decree of nullity of marriage, inquire into] the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree, and may make such orders, with reference to the application of the whole or a portion of the property settled, whether for the benefit of the husband or the wife, or of the children (if any) of the marriage, or of both children and parents, as to the Court seems fit:
Provided that the Court shall not make any order for the benefit of the parents or either of them at the expense of the children.
1. Subs. by Act 51 of 2001, s. 24, for certain words (w.e.f. 3-10-2001).