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:
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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.]
Simplified Explanation
Section 36 of the Indian Divorce Act, 1869 deals with the provision of alimony and expenses of the proceedings to the wife during the pendency of a suit for divorce, judicial separation, or nullity of marriage.
Key Provisions of Section 36
- Alimony and Expenses:
- A wife can present a petition for alimony pendente lite (i.e., alimony pending the lawsuit) and the expenses of the proceedings while the suit is ongoing.
- The petition can be filed whether the wife has obtained an order of protection or not.
- Service of Petition:
- The wife must serve the petition for alimony and expenses on her husband.
- Court’s Discretion:
- Upon receiving the petition, the Court will consider the truthfulness of the wife’s statements and, if satisfied, it may order the husband to pay the wife a sum for alimony and expenses during the suit.
- Disposal of Petition:
- The Court must dispose of the petition for alimony and expenses within sixty days of serving it on the husband, as far as possible.
Explanation of the Provisions
- Alimony Pendente Lite:
- Alimony pendente lite refers to the financial support that a wife can receive while the legal proceedings are ongoing. The wife is entitled to request financial assistance for herself and the costs involved in the case, irrespective of whether she has already obtained protection orders.
- Purpose of Alimony:
- The aim is to ensure that the wife is not financially disadvantaged while the suit for divorce or judicial separation is being decided. It helps her manage the costs of litigation and maintain herself during the proceedings.
- Court’s Role:
- The court has the discretion to decide the amount of alimony and expenses, but it will base this decision on the circumstances and fairness of the case. The husband will be required to pay the wife an amount deemed just by the court.
- Time Frame for Disposing Petition:
- The provision sets a time limit of sixty days for the court to dispose of the petition for alimony and expenses, ensuring that the financial assistance is provided in a timely manner.
Practical Implications
- Financial Support During Proceedings:
- The wife can seek temporary financial support during the pendency of the case, which may include costs related to legal fees, personal expenses, and any other financial needs that arise during the proceedings.
- Equity and Fairness:
- The court is expected to be equitable and fair in its decision regarding alimony, considering the needs of the wife, the financial capacity of the husband, and other relevant circumstances.
- Speed of Decision:
- The law seeks to avoid unnecessary delays in ensuring the wife’s access to financial support by setting a deadline for disposing of the petition for alimony and expenses within sixty days.
Example of Application
- Wife’s Petition: If a wife files for divorce and her husband is not providing financial support during the proceedings, she can petition the court for alimony pendente lite.
- Husband’s Obligation: The court will evaluate the petition and may order the husband to pay a reasonable sum for the wife’s living expenses and the legal costs of the suit.
- Timeliness of Decision: The court is required to make a decision on this petition within sixty days, so the wife does not have to wait long for financial support.
Conclusion
Section 36 ensures that a wife is not financially disadvantaged while a divorce or judicial separation case is pending. She can apply for alimony and expenses of the proceedings, and the court will decide the amount based on the husband’s ability to pay and the wife’s needs. The court is required to dispose of the petition within sixty days, ensuring timely financial support during the litigation process.
