• Maintenance For Wife & Children: Under Special Marriage Act, 1954

  • Maintenance Under The Special Marriage Act, 1954

    Alimony During The Pendency Of The Case In The Court

    Where in any proceeding under the Special Marriage Act, 1954, 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 preceding such sum as having regard to the husband's income, it may seem to the Court to be reasonable.

    Permanent Alimony and Maintenance

    Any Court exercising jurisdiction under the Special Marriage Act, 1954 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.

    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.

    Amount of maintenance

    The amount of the maintenance shall be purely the discretion of the Court. In determining the  amount of the maintenance the court shall have due regard to the following considerations, namely,

    1. the position and status of the parties;
    2. the reasonable wants of the claimant;
    3. if the claimant is living separately, whether the claimant is justified in doing so;
    4. the value of the claimant's property and any income derived from such property, or from the claimant's own earnings or from any other source;
    5. Any other relevant fact and circumstance

    The captioned subject is complex by its very nature. We, therefore, always encourage our visitors & Clients to seek an independent legal advice by our empanelled lawyers. In such Cases, our lawyers devise most appropriate legal recourse for our Clients after examining the related provisions of law, i.e The Special Marriage Act, 1954, The Code of Civil Procedure, 1908, The Limitation Act, 1963, The Evidence Act, 1872, The Code of Criminal Procedure, 1973, Other relevant Acts & Judgments and Citations of the Hon’ble Supreme Court Of India and the High Courts. Even otherwise, the question as to how to apply the laws, judgments and citations is rather more complex, as it involves a thorough examination of substantial laws, procedural laws and Court precedents in a given set of facts and circumstances.

    Kindly CLICK HERE or e-mail us at office@hellocounsel.com if you are facing any Matrimonial Issue- Civil or Criminal, and want to have Legal Consultations with the empanelled Lawyers at Hello Counsel.    

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