Maintenance in divorce case
Maintenance in Divorce case:
Maintenance pendente lite and expenses of proceedings:-
Where in any proceeding under this Act it appears to the
Court that either the wife or the husband, as the case may be, has no
independent income sufficient for her or his support and the necessary expenses
of the proceeding, it may, on the application of the wife or the husband, order
the respondent to pay the petitioner the expenses of the proceeding such sum
as, having regard to the petitioner’s own income and the income of the
respondent, it may seem to the Court to be reasonable.25. Permanent alimony and
maintenance:- (1) Any court exercising jurisdiction under this Act may, at the
time of passing any decree or at any time subsequent thereto, on application
made to it for the purposes by either the wife or the husband, as the case may
be, order that the respondent shall pay to the applicant for her or his
maintenance and support such gross sum or such monthly or periodical sum for a
term not exceeding the life of the applicant as, having regard to the
respondent’s own income and other property of the applicant, the conduct of the
parties and other circumstances of the case, it may seem to the Court to be
just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
(2) If the 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 the court may deem just.
(3) If the Court is satisfied that the party in whose favour
an order has been made under this Section has re-married or, if such party is
the wife, that she has not remained chaste or if such party is the husband,
that he has had sexual intercourse with any woman outside wedlock, it may at
the instance of the other party vary, modify or rescind any such order in
such manner as the court may deem just.
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Filed under divorce alimony in india, maintenance in divorce case, sec.24/25 hma, section 24 hindu marriage act 1955, spousal maintenance in india, spouse maintenance in divorce in india, wife + child maintenance law in india
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