Sections 34, 35, 36 and 37 of the Special Marriage Act, 1954

Sections 34 to 37 regulate the court's duty before granting matrimonial relief, the respondent's right to seek relief, interim financial support during litigation and permanent alimony or maintenance.

The provisions operate principally in proceedings under Chapter V (restitution of conjugal rights and judicial separation) and Chapter VI (nullity of marriage and divorce). The following explanation preserves the statutory distinctions and conditions.

Section 34: Duty of court in passing decrees

Section 34(1) requires the court, whether the proceeding is defended or undefended, to be satisfied that the claimed ground for relief exists and that the other statutory safeguards are met before granting a decree. These include:

• Section 34(1)(a): A legally recognised ground for relief must be established.
• Section 34(1)(b): In a petition based on voluntary sexual intercourse with another person under Section 27(1)(a), the petitioner must not have been accessory to, connived at or condoned the act; where cruelty is alleged, the petitioner must not have condoned it.
• Section 34(1)(c): Consent in mutual-consent divorce must not have been obtained by force, fraud or undue influence.
• Section 34(1)(d): The petition must not be presented or prosecuted in collusion with the respondent.
• Section 34(1)(e): There must be no unnecessary or improper delay in instituting the proceedings.
• Section 34(1)(f): No other legal ground may bar the relief.

Reconciliation under Section 34(2): Before granting relief, the court must, where consistent with the nature and circumstances of the case, endeavour to reconcile the parties. The statutory proviso exempts proceedings founded on specified grounds in Section 27(1), namely clauses (c), (e), (f), (g) and (h); clause (g) has since been omitted from Section 27, so that historical cross-reference must be read accordingly.

Section 34(3): To facilitate reconciliation, the court may adjourn proceedings for a reasonable period not exceeding 15 days and refer the matter to a person chosen by the parties or nominated by the court. The court must consider that person's report when disposing of the case.

Section 34(4): Where a divorce decree dissolves a marriage, the court must supply a free copy to each party.

Section 35: Relief for respondent in divorce and other proceedings

This section enables the respondent in proceedings for divorce, judicial separation or restitution of conjugal rights to do more than merely contest the petition. The respondent may oppose the requested relief on the ground of the petitioner's adultery, cruelty or desertion and may make a counterclaim for relief under the Act based on that ground.

If the petitioner's misconduct is proved, the court may award the respondent the relief to which that person would have been entitled on an independent petition. A counterclaim must therefore be supported by the facts and the applicable legal requirements; it is not automatically allowed simply because the original petition is opposed.

Section 36: Alimony pendente lite

Alimony pendente lite means financial support ordered while matrimonial proceedings are pending. Under the text of Section 36, where the wife has insufficient independent income for her support and necessary litigation expenses, she may apply to the district court for an order directing the husband to pay:

• Reasonable expenses of the proceedings; and
• A reasonable weekly or monthly sum during the proceedings, assessed with reference to the husband's income.

The statutory provision is specifically framed as an application by the wife against the husband. Other applicable maintenance remedies may be available independently, depending on the circumstances.

Time for disposal: The proviso directs that the application should, as far as possible, be decided within 60 days from service of notice on the husband. This is a statutory procedural objective, not an automatic grant after 60 days.

Section 37: Permanent alimony and maintenance

Section 37(1) empowers a court exercising jurisdiction under Chapter V or Chapter VI, at the time of a decree or subsequently, on application, to order the husband to secure financial maintenance and support for the wife. The court may direct a gross (lump-sum) amount or monthly or other periodical payments for a term not exceeding her lifetime, and may, where necessary, secure payment by creating a charge on the husband's property.

In fixing an appropriate amount, the court considers the wife's property, the husband's property and ability to pay, the conduct of the parties and the other circumstances of the case. The amount is therefore fact-dependent rather than a fixed statutory percentage.

Variation, modification or rescission

Section 37(2): Where the circumstances of either party change after an order is made, either party may request that the court vary, modify or rescind the order as justice requires.

Section 37(3): The statute also provides that, where the court is satisfied that the wife receiving maintenance has remarried or is not leading a chaste life, it may, on the husband's application, vary, modify or rescind the order in a manner it considers just. These are the terms of the statutory provision; any application must be determined in accordance with applicable law and judicial interpretation.

Difference between interim and permanent alimony

Section 36 concerns support and litigation costs during the proceedings and depends on insufficient independent income. Section 37 concerns financial provision at or after a decree, including a lump sum, recurring payments or security over property. Both require judicial assessment rather than creating an automatic entitlement to a specified amount.

Related provisions and official legal source

Read these sections alongside Sections 27 to 29 (divorce and mutual consent), Sections 30 to 33 (jurisdiction and procedure) and Sections 38 to 40C (related procedural provisions).

Official source: Special Marriage Act, 1954, India Code (Government of India). The consolidated statute should be consulted with any later amendments and binding court decisions.

The provisions above describe the Special Marriage Act itself. Particular relief depends on pleadings, evidence, other applicable laws and judicial decisions.