any suit under this Act, whether it be “In instituted by a husband or a wife, and whether or not she has obtained an order of protection the wife may present a petition for 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 for payment to the wife of alimony pending the suit as it may deem just.” The proviso to the section, that “alimony pending the suit in no case exceed one-fifth of the husband’s average net income for the three years next proceeding the date of the order, and shall continue, in case of a decree for dissolution of marriage or of nullity of marriage, until the decree is made absolute or is confirmed, as the case may be”, has been omitted by Section 21 of the Indian Divorce (Amendment) Act, 2001. Permanent Alimony Section 37 of the Indian Divorce Act which deals with permanent alimony authorises the court to make an order for the payment of a lump sum
“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 the wife may present a petition for 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 for payment to the wife of alimony pending the suit as it may deem just.” The proviso to the section, that “alimony pending the suit in no case exceed one-fifth of the husband’s average net income for the three years next proceeding the date of the order, and shall continue, in case of a decree for dissolution of marriage or of nullity of marriage, until the decree is made absolute or is confirmed, as the case may be”, has been omitted by Section 21 of the Indian Divorce (Amendment) Act, 2001. Permanent Alimony Section 37 of the Indian Divorce Act which deals with permanent alimony authorises the court to make an order for the payment of a lump sum
women%20empowerment%20-%20chapter%204.docx