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Grounds for granting permanent alimony under special marriage act


28-Apr-2023 (In Divorce Law)
After being married for 1 year, my wife filed a divorce case againt me. I want to know if she can claim permanent alimony? I am christian and my wife is hindu so someone told me this will be under special marriage act.
Answers (1)

Answer #1
211 votes
The Special Marriage Act, 1954 is enacted to provide a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party. 

Section 37 of the Special Marriage Act, 1954 talks about permanent alimony and maintenance.

(1) A court may, at the time of passing any decree or at any time after the decree, on application made to it, order that the husband shall provide such gross sum or monthly or periodical payment of money to the wife for her maintenance and support for a term not exceeding her life, as it may seem just to the court, after considering her own property (if any), her husband’s property and ability.
 
(2) If the district court is satisfied that there in a change in the circumstances of either party at any time after it has made an order to grant alimony, it may, at the instance of either party, vary, modify or rescind any such order in such manner as it may seem to the just court.
 
(3) If the district court is satisfied that the wife has remarried, 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.

You may need to consult a competent divorce lawyer for detailed advice on this matter.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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