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.
Simplified Explanation
Section 37 of the Indian Divorce Act, 1869 deals with the permanent alimony and maintenance that may be awarded to a wife following the dissolution of marriage or judicial separation. It grants the court the power to ensure that the wife is adequately supported after the decree of divorce or separation.
Key Provisions of Section 37
- Permanent Alimony and Maintenance:
- After a decree of dissolution of marriage or judicial separation is obtained by the wife, the District Court can order the husband to pay a gross sum of money or an annual sum for the wife’s maintenance.
- The court determines the amount based on several factors, including the wife’s financial position (fortune), the husband’s ability to pay, and the conduct of both parties.
- The payment can be made for the wife’s lifetime, but the term must not exceed her own life.
- Securing the Payment:
- The court may require the husband to secure the alimony by executing a proper instrument or agreement, which may involve other necessary parties.
- Monthly or Weekly Payments:
- Instead of a lump sum, the court may order monthly or weekly payments for the wife’s maintenance and support, depending on the circumstances.
- Modification of the Order:
- If the husband becomes unable to make the payments (due to financial difficulties or other reasons), the court has the power to discharge or modify the order. This may include temporarily suspending the payment or reducing the amount.
- If the husband’s circumstances improve, the court may revive the order in full or in part.
Explanation of the Provisions
- Permanent Alimony:
- Permanent alimony is a sum or periodic payments that the husband may be required to pay to the wife after the dissolution of the marriage or judicial separation. It aims to provide financial support to the wife, ensuring she can maintain herself after the separation.
- Factors Considered by the Court:
- Wife’s fortune: The wife’s financial independence, if any, is considered when deciding the amount of alimony.
- Husband’s ability: The husband’s financial condition is also a key factor. The court will assess whether the husband has the capacity to make payments.
- Conduct of the parties: If either party has behaved unfairly or caused hardship, it could influence the court’s decision regarding the amount of alimony.
- Monthly or Weekly Payments:
- In some cases, rather than a lump-sum payment, the court may opt for periodic payments (monthly or weekly) for the wife’s support. This is especially relevant if the wife’s needs are ongoing or if the court deems it more appropriate than a one-time sum.
- Modification of Alimony Payments:
- If the husband’s circumstances change (such as becoming unable to work), the court can modify the alimony order, ensuring the payments reflect the husband’s current financial status.
- Similarly, if the husband’s financial situation improves after some time, the court can reinstate or increase the payments.
Practical Implications
- Financial Security for the Wife:
- The law ensures that a wife is not left without financial support after divorce or judicial separation. The court can order permanent alimony, providing her with ongoing financial stability.
- Flexibility in Payment:
- The provision gives the court the flexibility to determine the payment structure based on what is fair and reasonable. It can order a lump sum, annual sum, or monthly/weekly payments, depending on the case’s circumstances.
- Changing Circumstances:
- The ability to modify or discharge the alimony order allows the court to adapt to changing circumstances, such as financial hardship on the part of the husband.
- Lifetime Support:
- The provision for lifetime support ensures that the wife is not left destitute after the dissolution of the marriage, especially in cases where she has limited financial resources or has been dependent on her husband.
Example of Application
- Wife’s Petition for Alimony: A wife who obtains a divorce or judicial separation may petition the court for permanent alimony. Based on her financial needs and her husband’s ability to pay, the court may order a monthly payment for her maintenance or a lump sum to secure her financial support for life.
- Husband’s Financial Inability: If the husband’s financial condition worsens (e.g., loss of job or business failure), he can petition the court to suspend or reduce the alimony payments temporarily. Once his financial situation improves, the court may reinstate or increase the payments accordingly.
Conclusion
Section 37 empowers the court to order permanent alimony and maintenance for the wife after the dissolution of marriage or judicial separation. The court can order lump sum or periodic payments, and has the flexibility to modify the payments if the husband’s financial situation changes. This section ensures that the wife is financially supported post-separation and provides a mechanism to adjust support based on evolving circumstances.
