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 as having regard to the husbands income, it may seem to the Court to be reasonable:
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.
Legal Commentary & Landmark Judgments: Section 36
Section 36 of the Special Marriage Act, 1954 empowers the court to grant alimony pendente lite and litigation expenses to the wife.
This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.
Section 36 applications are determined summarily based on the comprehensive asset disclosure affidavits mandated by Rajnesh v. Neha. Courts actively penalize income concealment by husbands, and non-compliance with interim maintenance orders attracts coercive measures including striking off the defense and attachment of assets.