Alimony pendente lite
AI Assist
Summary
Wife may petition for alimony while a suit under this Act is pending; the petition must be served on the husband. If the Court accepts the statements, it can order temporary alimony. The amount cannot exceed one-fifth of the husband’s average net income for the three years before the order. If divorce or annulment follows, the alimony continues until the decree is made absolute or confirmed.
Example
Priya files a suit and presents a petition for alimony pending the suit, which is served on her husband. The Court is satisfied by her statements and orders temporary alimony equal to one-fifth of his average net income for the past three years. If Priya later gets a decree dissolving the marriage, the alimony continues until the decree is made absolute.
Bare Act
Enacted textIn any suit under this Act, whether it be instituted by a husband of a wife, and whether or not she has obtained an order of protection, the wife may present a Petition for alimony pending the suit.
Such Petition shall be served on the husband; and the Court, on being satisfied of the truth of the statements therein contained, may make such order on the husband for payment to the wife of alimony pending the suit as it may deem just:
Provided that alimony pending the suit 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, and shall continue, in case of a decree for dissolution of marriage or of nullity of marriage, until the decree is made absolute or is confirmed, as the case may be.
Previous year papers
Pick your exam. we'll email the most recent paper.