enerscript/MARRIAGEACT · Datasets at Fast360

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would have been entitled if he or she had presented a petition seeking such relief
on that ground.
36. Alimony pendente lite.-- 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.
37. Permanent alimony and maintenance.--(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 husband's 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 husband's property and ability, the conduct of the
parties and other circumstances of the case 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.
38. Custody of children.-- In any proceeding under Chapter V or Chapter VI the
District Court may, from time to time, pass such interim orders and make such
provisions in the decree as it may seem to it to be just and proper with respect to
the custody, maintenance and education of minor children, consistently with their
wishes wherever possible, and may, after the decree, upon application by petition
for the purpose, make, revoke, suspend or vary, from time to time, all such orders
and provisions with respect to the custody, maintenance and education of such
children as might have been made by such decree or interim orders in case the
proceeding for obtaining such decree were still pending.
39. Appeals from decrees and orders.--(1) All decrees made by the Court in any
proceeding under Chapter V or Chapter VI shall, subject to the provisions of subsection (3), be appealable as decrees of the Court made in the exercise of its
original civil jurisdiction, and such appeal shall lie to the Court to which appeals
ordinarily lie from the decisions of the Court given in the exercise of its original
civil jurisdiction. (2) Orders made by the Court in any proceeding under this Act
under Sec.37 or Sec.38 shall subject to the provisions of Sub-section (3), be
appealable if they are not interim orders, and every such appeal shall lie to the
Court to which appeals ordinarily lie from the decisions of the Court given in the
exercise of its original civil jurisdiction. (3) There shall be no appeal under this
section on the subject of the costs only. (4) Every appeal under this section shall
be preferred within a period of thirty days from the date of the decree or order.
39-A. Enforcement of decrees and orders.-- All decrees and orders made by the
Court in any proceeding under Chapter V or Chapter VI shall be enforced in the
like manner as the decrees and orders of the Court made in the exercise of its
original civil jurisdiction for the time being are enforced.
40. Application of Act 5 of 1908.-- Subject to the other provisions contained in
this Act, and to such rules as the High Court may make in this behalf, all
proceedings under this Act shall be regulated, as far as may be, by the Code of
Civil Procedure, 1908.
40-A. Power to transfer petitions in certain cases.--(1) Where-- (a) a petition
under this Act has been presented to the District Court having jurisdiction by a
party to the marriage praying for a decree for judicial separation under Sec.23 or
for a decree of divorce under Sec.27, and (b) another petition under this act has
been presented thereafter by the other party to the marriage praying for decree for
judicial separation under Sec.23, or for decree of divorce under Sec.27 on any
ground whether in the same District Court or in a different District Court, in the
same State or in a different State. the petition shall be dealt with as specified in
sub-section (2). (2) In a case where sub-section (1) applies.-- (a) if the petitions
are presented to the same District Court, both the petitions shall be tried and heard
together by that District Court : (b) if the petitions are presented to different
District Courts the petition presented later shall be transferred to the District
Court in which the earlier petition was presented and both the petitions shall be
heard and disposed of together by the District Court in which the earlier petition
was presented. (3) In a case where Cl. (b) of sub-section (2) applies, the Court or
the Government, as the case may be, competent under the Code of Civil
Procedure, 1908 (5 of 1908), to transfer any suit or proceeding from the District
Court in which the later petition has been presented to the District Court in which
the earlier petition is pending shall exercise its powers to transfer such later
petition as if it had been empowered so to do under the said Code.
40-B. Special provision relating to trial and disposal of petitions under the Act.-
(1) The trial of a petition under this Act shall so far as is practicable consistently
with the interests of justice in respect of the trial, be continued from day to day
until its conclusion, unless the Court finds the adjournment of the trial beyond the
following day to be necessary for reasons to be recorded. (2) Every petition under
this Act shall be tried as expeditiously as possible and endeavour shall be made
to conclude the trial within six months from the date of service of notice of the
petition on the respondent. (3) Every appeal under this Act shall be heard as
expeditiously as possible, and endeavour shall be made to conclude the hearing
within three months from the date of service of notice of appeal on the respondent.
40-C. Documentary evidence.-- Notwithstanding anything contained in any
enactment to the contrary, no document shall be inadmissible in evidence in any
proceeding at the trial of a petition under this Act on the ground that it is not duly
stamped or registered.
41. Power of High Court to make rules regulating procedure.--(1) The High Court
shall, by notification in the Official Gazette, make such rules consistent with the
provisions contained in this Act and the Code of Civil Procedure, 1908 (5 of
1908), as it may consider expedient for the purpose of carrying into effect the
provisions of Chapters V, VI and VII. (2) In particular, and without prejudice to
the generality of the foregoing provision, such rules shall provide for.-- (a) the
impleading by the petitioner of the adulterer as a co-respondent on a petition for
divorce on the ground of adultery, and the circumstances in which the petitioner
may be excused from doing so: (b) the awarding of damages against any such corespondent, (c) the intervention in any proceeding under Chapter V or Chapter VI
by any person not already a party thereto : (d) the form and contents of petitions
for nullity of marriage or for divorce and the payment of costs incurred by parties
to such petitions ; and (e) any other matter for which no provision or no sufficient
provision is made in this Act, and for which provision is made in the Indian
Divorce Act, 1869 (4 of 1869).
42. Saving.-- Nothing contained in this Act shall affect the validity of any

would have been entitled if he or she had presented a petition seeking such relief

on that ground.

36. Alimony pendente lite.-- 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.

37. Permanent alimony and maintenance.--(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 husband's 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 husband's property and ability, the conduct of the

parties and other circumstances of the case 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.

38. Custody of children.-- In any proceeding under Chapter V or Chapter VI the

District Court may, from time to time, pass such interim orders and make such

provisions in the decree as it may seem to it to be just and proper with respect to

the custody, maintenance and education of minor children, consistently with their

wishes wherever possible, and may, after the decree, upon application by petition

for the purpose, make, revoke, suspend or vary, from time to time, all such orders

and provisions with respect to the custody, maintenance and education of such

children as might have been made by such decree or interim orders in case the

proceeding for obtaining such decree were still pending.

39. Appeals from decrees and orders.--(1) All decrees made by the Court in any

proceeding under Chapter V or Chapter VI shall, subject to the provisions of subsection (3), be appealable as decrees of the Court made in the exercise of its

original civil jurisdiction, and such appeal shall lie to the Court to which appeals

ordinarily lie from the decisions of the Court given in the exercise of its original

civil jurisdiction. (2) Orders made by the Court in any proceeding under this Act

under Sec.37 or Sec.38 shall subject to the provisions of Sub-section (3), be

appealable if they are not interim orders, and every such appeal shall lie to the

Court to which appeals ordinarily lie from the decisions of the Court given in the

exercise of its original civil jurisdiction. (3) There shall be no appeal under this

section on the subject of the costs only. (4) Every appeal under this section shall

be preferred within a period of thirty days from the date of the decree or order.

39-A. Enforcement of decrees and orders.-- All decrees and orders made by the

Court in any proceeding under Chapter V or Chapter VI shall be enforced in the

like manner as the decrees and orders of the Court made in the exercise of its

original civil jurisdiction for the time being are enforced.

40. Application of Act 5 of 1908.-- Subject to the other provisions contained in

this Act, and to such rules as the High Court may make in this behalf, all

proceedings under this Act shall be regulated, as far as may be, by the Code of

Civil Procedure, 1908.

40-A. Power to transfer petitions in certain cases.--(1) Where-- (a) a petition

under this Act has been presented to the District Court having jurisdiction by a

party to the marriage praying for a decree for judicial separation under Sec.23 or

for a decree of divorce under Sec.27, and (b) another petition under this act has

been presented thereafter by the other party to the marriage praying for decree for

judicial separation under Sec.23, or for decree of divorce under Sec.27 on any

ground whether in the same District Court or in a different District Court, in the

same State or in a different State. the petition shall be dealt with as specified in

sub-section (2). (2) In a case where sub-section (1) applies.-- (a) if the petitions

are presented to the same District Court, both the petitions shall be tried and heard

together by that District Court : (b) if the petitions are presented to different

District Courts the petition presented later shall be transferred to the District

Court in which the earlier petition was presented and both the petitions shall be

heard and disposed of together by the District Court in which the earlier petition

was presented. (3) In a case where Cl. (b) of sub-section (2) applies, the Court or

the Government, as the case may be, competent under the Code of Civil

Procedure, 1908 (5 of 1908), to transfer any suit or proceeding from the District

Court in which the later petition has been presented to the District Court in which

the earlier petition is pending shall exercise its powers to transfer such later

petition as if it had been empowered so to do under the said Code.

40-B. Special provision relating to trial and disposal of petitions under the Act.-

(1) The trial of a petition under this Act shall so far as is practicable consistently

with the interests of justice in respect of the trial, be continued from day to day

until its conclusion, unless the Court finds the adjournment of the trial beyond the

following day to be necessary for reasons to be recorded. (2) Every petition under

this Act shall be tried as expeditiously as possible and endeavour shall be made

to conclude the trial within six months from the date of service of notice of the

petition on the respondent. (3) Every appeal under this Act shall be heard as

expeditiously as possible, and endeavour shall be made to conclude the hearing

within three months from the date of service of notice of appeal on the respondent.

40-C. Documentary evidence.-- Notwithstanding anything contained in any

enactment to the contrary, no document shall be inadmissible in evidence in any

proceeding at the trial of a petition under this Act on the ground that it is not duly

stamped or registered.

41. Power of High Court to make rules regulating procedure.--(1) The High Court

shall, by notification in the Official Gazette, make such rules consistent with the

provisions contained in this Act and the Code of Civil Procedure, 1908 (5 of

1908), as it may consider expedient for the purpose of carrying into effect the

provisions of Chapters V, VI and VII. (2) In particular, and without prejudice to

the generality of the foregoing provision, such rules shall provide for.-- (a) the

impleading by the petitioner of the adulterer as a co-respondent on a petition for

divorce on the ground of adultery, and the circumstances in which the petitioner

may be excused from doing so: (b) the awarding of damages against any such corespondent, (c) the intervention in any proceeding under Chapter V or Chapter VI

by any person not already a party thereto : (d) the form and contents of petitions

for nullity of marriage or for divorce and the payment of costs incurred by parties

to such petitions ; and (e) any other matter for which no provision or no sufficient

provision is made in this Act, and for which provision is made in the Indian

Divorce Act, 1869 (4 of 1869).

42. Saving.-- Nothing contained in this Act shall affect the validity of any