Permanent alimony and maintenance
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Summary
Either spouse can apply at decree time or later for a lump sum or monthly/periodic maintenance for a term not exceeding the applicant's life. The court fixes the amount after considering both parties' income, property, conduct and other circumstances, and can secure payments by charging the respondent's immovable property. The court may vary or cancel the order if circumstances change, and may rescind it if the recipient remarries or, in the wife's case, has not remained chaste, or the husband has intercourse outside wedlock.
Example
Priya gets a divorce from Arjun and applies to court for maintenance. The court orders Arjun to pay a monthly sum for Priya's support after considering both incomes and secures the payment by charging Arjun's house. When Arjun later loses his job, he asks the court to reduce the amount and the court may vary the order.
Bare Act
Enacted text(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
(2) If the 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 the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.
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