Section 39A of SMA : Section 39A: Enforcement Of Decrees And Orders

SMA

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Explanation using Example

Imagine a couple, John and Priya, who got married under the Special Marriage Act. After several years, they decide to get a divorce due to irreconcilable differences. They approach the court, and the court grants a decree of divorce under Chapter VI of the Special Marriage Act, which also includes an order for John to pay alimony to Priya.

In this scenario, if John does not comply with the order to pay alimony, Priya can seek enforcement of the court's decree and order. According to Section 39A of the Special Marriage Act, the decree for alimony would be enforced in the same way as any civil court decree. This means Priya can use mechanisms like attachment of John's earnings or property, or even contempt of court proceedings, to ensure that she receives the ordered alimony payments.

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