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Section 37: Permanent alimony and maintenance.

The Special Marriage Act, 1954Central Act · Act 43 of 1954

(1) Any court exercising jurisdiction under Chapter V or Chapter VI may, at the time of passing any decree or at any time subsequent to the decree, on application made to it for the purpose, order that the husband shall secure to the wife for her maintenance and support, if necessary, by a charge on the husbands property such gross sum or such monthly or periodical payment of money for a term not exceeding her life, as, having regard to her own property, if any, her husbands property and ability [the conduct of the parties and other circumstances of the case], it it may seem to the court to be just.

(2) If the district 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 it may seem to the court to be just.

(3) If the district court is satisfied that the wife in whose favour an order has been made under this section has remarried or is not leading a chaste life, [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.]

Where this provision sits

ActThe Special Marriage Act, 1954
Section37
Marginal notePermanent alimony and maintenance.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it1

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 68 of 1976. . Subs. by Act 68 of 1976, s. 36, for "and the conduct of the parties" (w.e.f. 27-5-1976).
  • substituted, Act 68 of 1976. . Subs. by Act 68 of 1976, s. 36, for "it shall rescind the order" (w.e.f. 27-5-1976).

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