Section 36 of Indian Divorce Act, 1869

“36. Alimony pendente lite.-

Under this section a wife is entitled to 1/5 of the income of  husband and is decided within 60 days . 1/5th  of the husband’s average net income for the three years next preceding 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.The term “maintenance pendente lite” describes the interim support given while a matrimonial case, such as a divorce action, is pending. The maintenance thus paid may be weekly or monthly which is completely the discretion of the court. To be precise the maintenance could be file by either spouse depending on whose requirement is more .

Factors which determine the maintenance under section 36 of Indian Divorce Act

The requirement of the parties , financial situation, and the quality of living they were used to during the marriage. These are factors which are common under most of provisions which relate to maintenance depending on the particulars of each case, judgments rendered under Section 36 of the Indian Divorce Act, 1869, which addresses  maintenance pendente lite and costs of procedures .

Financial Status
Financial status of the Parties: Courts take both parties’ financial situation into account. The objective is to guarantee that the less fortunate spouse receives sufficient assistance during the judicial process.

Living Standard:
During the course of the marriage, the parties’ standard of living may be taken into consideration by the court. The dependent spouse should ideally be able to maintain a lifestyle that is somewhat similar to what they had throughout the marriage with the maintenance award.

Needs and Obligations of Parties:
The court considers the reasonable needs of the dependent spouse, including expenses for accommodation, food, clothing, healthcare, and any other necessities. It also considers the obligations of the other spouse, particularly if they are financially capable of providing support.

Duration of Proceedings:
Since maintenance pendente lite is awarded during the pendency of the divorce proceedings, the court may consider the likely duration of the litigation while determining the amount of maintenance.

Discretion of the Court:
The court would decide the maintenance keeping in view the various factors which are given herein above

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