Section 36 of SMA : Section 36: Alimony Pendente Lite

Bare Act

Where in any proceeding under Chapter V or Chapter VI it appears to the district court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding, it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding, and weekly or monthly during the proceeding such sum as having regard to the husband's income, it may seem to the court to be reasonable.

Provided that the application for the payment of the expenses of the proceeding and such weekly or monthly sum during the proceeding under Chapter V or Chapter VI, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the husband.

Simplified Act

If, during a legal case about marriage (under Chapter V or VI of the law), a wife doesn't earn enough money to support herself or cover her legal costs, she can ask the court to have her husband pay for these expenses. The court can then order the husband to pay for the wife's legal costs and also give her a regular amount of money (weekly or monthly) during the case. This amount is de...

Explanation using Example

Imagine a scenario where Priya and Rohan are undergoing divorce proceedings under the Special Marriage Act, 1954. Priya, who is a homemaker, has filed for divorce but does not have a steady income to support herself and cover the legal costs. She requests the court to order Rohan, who has a well-paying job, to provide financial assistance to cover her legal expenses and maintenance during the proceedings.

The district court, upon reviewing Priya's application and considering Rohan's inc...