Section 36 of the Indian Divorce Act 1869

Section 36 of the Indian Divorce Act 1869-Understanding the concept of section 36 of the Indian Divorce Act  is essential because it deals with only one aspect of maintenance which is pending the decision of the Main Petition.

Whether the Petition is instituted by Husband or wife doesn’t matter?

The wife may present a petition for alimony pending the Petition. Copy of the  petition shall be served on the husband  and  it is upto the   Court to fix the amount of alimony  as it deems fit and proper  after  being satisfied of the truth of the statements contained in the Petition .

How much Amount Alimony  is the wife entitled to Under section 36 Indian Divorce Act?

Alimony pending the for dissolution of marriage or of Nullity of marriage  shall in no case exceed one- fifth of the husband’ s average net income for the three years next preceding the date of the order until the decree is made absolute or confirmed whichever the case may be.

Conclusion

Indian Divorce Act 1869 provides for a unique provision for maintenance pendente lite which includes litigation expenses , however this provision is  applicable for only the wife and does not include children. It is important to note here that the Judgment of the Hon’ble High Court of Delhi  In Annurita Vohra Vs. Sandeep Vohra reported as 110 (2004) DLT
546, wherein the provision of Section 36 of the IDA has been dealt with on the reason of  the wife being   allowed  1/5th of the net income of the husband.

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