Section 34, 35, 36 and 37 of Special Marriage Act 1954

Section 34. Duty of court in passing decrees

(1) In any proceeding under Chapter V or Chapter VI, whether defended or not, if the court is satisfied that,-

(a) any of the grounds for granting relief exists; and

(b) 5 [where the petition is founded on the ground specified in clause (a) of sub-section (1) of section 27, the petitioner has not in any manner been accessory to or connived at or condoned the act of sexual intercourse referred to therein], or, where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty; and

(c) when divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence; and


5. Subs. by s. 34, ibid. for "where the ground of the petition is adultery, the petitioner has not in any manner been accessory to or connived at or condoned the adultery" (w.e.f. 27-5-1976).
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(d) the petition is not presented or prosecuted in collusion with the respondent; and

(e) there has not been any unnecessary or improper delay in instituting the proceedings; and

(f) there is no other legal ground why the relief should not be granted;

then, and in such a case, but not otherwise, the court shall decree such relief accordingly.

(2) Before proceeding to grant any relief under this Act it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties:

 

1 [Provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is sought on any of the grounds specified in clause (c), clause (e), clause (f), clause (g) and clause (h) of subsection (1) of section 27.]

2 [(3) For the purpose of aiding the court in bringing about such reconciliation, the court may, if the parties so desire or if the court thinks it just and proper so to do, adjourn the proceedings for a reasonable period not exceeding fifteen days and refer the matter to any person named by the parties in this behalf or to any person nominated by the court if the parties fail to name any person, with directions to report to the court as to whether reconciliation can be and has been, effected and the court shall in disposing of the proceeding have due regard to the report.

(4) In every case where a marriage is dissolved by a decree of divorce, the court passing the decree shall give a copy thereof free of cost to each of the parties.]

 

Section 35. Relief for respondent in divorce and other proceedings. 3

In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner's adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground, and if the petitioner's adultery, cruelty or desertion is proved, the court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground.]

 

Section 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.

4 [Provided that the application for the payment of the expenses of the proceeding and such weekly or monthly sum during the proceeding under Chapter V or Chapter VI, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the husband.]

 

Section 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 5 [the conduct of the parties and other circumstances of the case], it 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.

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1. Added by Act 68 of 1976, s. 34 (w.e.f. 27-5-1976).
2. Ins. by s. 34, ibid. (w.e.f. 27-5-1976).
3. Subs. by s. 35, ibid., for section 35 (w.e.f. 27-5-1976).
4. Ins. by Act 49 of 2001, s. 6 (w.e.f. 24-9-2001).
5. Subs. by Act 68 of 1976, s. 36, for "and the conduct of the parties" (w.e.f. 27-5-1976).
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(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, 1 [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.

 

 

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