Section 37 of the Divorce Act, 1869: Power to Order Permanent Alimony
Section 37 of the Divorce Act, 1869 empowers the District Court, in the circumstances stated in the provision, to secure permanent financial support for a wife after a decree of dissolution of marriage or judicial separation. The provision permits a secured gross or annual sum as well as monthly or weekly maintenance, and it also permits later alteration of periodic payments where the husband's ability to pay changes.
What does Section 37 mean?
The heading of Section 37 is "Power to order permanent alimony." In simple terms, permanent alimony is financial provision ordered after the matrimonial relief identified in the section has been granted. Unlike Section 36, which concerns expenses of proceedings and alimony while a suit is pending, Section 37 deals with post-decree financial support.
The Divorce Act applies subject to its own jurisdictional and religious requirements. Section 2 contains the Act's general conditions for granting relief, including its application in matrimonial proceedings involving persons professing the Christian religion. Readers should therefore consider Section 37 together with the Act as a whole rather than as a standalone maintenance provision.
Text and effect of Section 37
37. Power to order permanent alimony. Where a decree of dissolution of the marriage or a decree of judicial separation is obtained by the wife, the District Court may order that the husband shall, to the satisfaction of the Court, secure to the wife such gross sum of money, or such annual sum of money for any term not exceeding her own life, as, having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it thinks reasonable; and for that purpose may cause a proper instrument to be executed by all necessary parties.
Power to order monthly or weekly payments. In every such case the Court may make an order on the husband for payment to the wife of such monthly or weekly sums for her maintenance and support as the Court may think reasonable.
The proviso further authorises the Court, if the husband later becomes unable to make the payments, to discharge or modify the order, temporarily suspend all or part of it, and later revive the order wholly or partly as the Court considers fit.
The opening words of Section 37 were substituted by Section 22 of the Indian Divorce (Amendment) Act, 2001 with effect from 3 October 2001. The official consolidated text should be consulted for the precise statutory wording and footnotes.
When can permanent alimony be ordered?
On the present wording of Section 37, the power arises where the wife has obtained either a decree of dissolution of marriage or a decree of judicial separation. The District Court may then make an appropriate financial order. The word "may" indicates a judicial discretion: the nature and amount of relief depend on the facts placed before the Court and the statutory considerations.
Forms of financial relief under Section 37
| Form of relief | What Section 37 permits |
|---|---|
| Gross sum | A secured lump-sum amount considered reasonable by the Court. |
| Annual sum | A secured annual amount for a term that cannot exceed the wife's lifetime. |
| Monthly or weekly payments | Periodic sums for the wife's maintenance and support as the Court considers reasonable. |
Factors considered by the Court
Section 37 expressly identifies matters that guide the Court when deciding a secured gross or annual sum. These include:
- The wife's fortune, if any: her financial resources are a statutory consideration.
- The husband's ability: the Court considers his ability to provide the financial support ordered.
- The conduct of the parties: the provision expressly permits the Court to take the parties' conduct into account.
- Reasonableness: the ultimate amount and form of the order must be what the Court considers reasonable in the circumstances.
Can a permanent alimony order be changed later?
Yes, in relation to the monthly or weekly payment order addressed by the proviso. If the husband later becomes unable to make those payments, Section 37 authorises the Court to discharge or modify the order, temporarily suspend it wholly or partly, and subsequently revive it wholly or partly. The statutory language therefore accommodates a later material change in the husband's ability to pay.
Section 37 and Section 38
Section 38 of the Divorce Act, 1869 complements the alimony provisions by allowing the Court, where it makes a decree or order for alimony, to direct payment either to the wife herself or to an approved trustee on her behalf, subject to terms or restrictions the Court considers expedient.
Amendment status and current law
The Divorce Act, 1869 remains a Central Act. Section 37's present opening formulation derives from the 2001 amendment. The Personal Laws (Amendment) Act, 2019 also amended the Divorce Act, but its amendment concerned Section 10 and the former leprosy ground; it did not alter Section 37. For current statutory use, the consolidated official text on India Code should be checked.
Frequently asked questions
Is Section 37 the provision for alimony during the divorce case?
No. Alimony and expenses while proceedings are pending are dealt with by Section 36. Section 37 concerns permanent alimony following the decree described in that section.
Can the Court award a lump sum under Section 37?
Yes. The provision allows the Court to require a gross sum to be secured to the wife. It also permits an annual sum and, separately, monthly or weekly maintenance payments.
Does Section 37 fix a mathematical percentage for permanent alimony?
No fixed percentage is stated in Section 37. The provision directs the Court to make a reasonable order after considering the statutory factors and the circumstances of the case.
Can periodic payments be reduced or suspended?
The proviso permits discharge, modification, temporary suspension, and later revival where the husband subsequently becomes unable to make the ordered payments.
Legal information: This article explains the statutory provision in general terms. The result in an individual matrimonial matter depends on the pleadings, evidence, applicable law, and orders of the competent Court.