APPLICATION FOR ALIMONY PENDENTE LITE

IN THE DISTRICT COURT AT………………..

………………………………………………………….. Application

versus

…………………………………………………………… Respondent

Application for alimony pendente lite under Section 36 of the Special Marriage Act. 1954 (No. 43 of 1954).

The applicant prays as under: —

1. A proceeding under Chapter V/VI of the Act is pending in this Court between the parties. (Give the number and title of the case, date of hearing etc. ).
2. The applicant owns no other movable or immovable property, and has no other income except (Give full particulars of the applicant’s property and income etc.).
3. The applicant has no Independent income sufficient for her support and for the necessary expenses of the proceedings.
4. The respondent has sources of income and owns property mentioned below: (Give full particulars about respondent’s income and property etc. ).
5. The only person dependent upon the respondent is the applicant herself or the applicant………………..
6. The respondent has not made provision for the applicant’s maintenance.
7. The applicant submits that having regard to the respondent’s own income and his property and having regard to the fact that the applicant has no independent income sufficient for her support and the necessary expenses of the proceedings, a sum of Rs………………… per week/month as and by way of her support is the just and proper amount.
8. The respondent may be ordered to pay a sum of Rs………………… as the applicant’s expenses of the proceeding and a sum of Rs…………………….. weekly/monthly for applicant’s support during the proceedings.

Applicant

VERIFICATION

The abovenamed applicant states on solemn affirmation that Paras…………….. to……………….. of the application are true to the applicant’s knowledge and paras ……………….. to……………….. are true to the applicant’s information received and believed to be true by her.

Verified on this…………….. day of……………….. 19……………….. at………………..

Place………………..

Petitioner

Understanding an Application for Alimony Pendente Lite Under Section 36 of the Special Marriage Act, 1954

The legal system in India recognizes the financial vulnerability that can arise during matrimonial disputes. Section 36 of the Special Marriage Act, 1954, provides for alimony pendente lite—temporary financial support to a spouse while matrimonial proceedings are pending.

This article examines the procedure and key considerations for seeking alimony pendente lite.

What is Alimony Pendente Lite?

Alimony pendente lite refers to the interim maintenance granted to a spouse who has insufficient means to support themselves during the pendency of matrimonial proceedings.

The purpose of this provision is to ensure fairness and mitigate financial disparity between the parties while the court resolves the dispute.

Procedure for Filing an Application

1. Filing the Application:
   The aggrieved spouse (applicant) must submit a formal application in the District Court where the matrimonial case is pending.
2. Contents of the Application:
   The application must include:

• Details of the pending matrimonial proceedings, such as case number, title, and date of hearing.
• A declaration that the applicant owns no independent property or has insufficient income to support themselves and meet legal expenses.
• Specifics of the respondent’s income, property, and other financial resources.
• Verification:
  The applicant must verify the contents of the application, affirming that the statements made are true to the best of their knowledge or based on reliable information.

Key Considerations for Alimony Pendente Lite

1. Applicant’s Financial Status:
   The applicant must demonstrate financial need, lack of independent income, and the necessity of financial support to sustain themselves during the legal proceedings.
2. Respondent’s Financial Capacity:
   The court considers the respondent’s income, property, and financial obligations. Details such as employment status, property ownership, and dependents are critical.
3. Quantum of Maintenance:
   The applicant may propose a reasonable amount required for their sustenance and legal expenses. The court determines the final amount after evaluating the facts and circumstances.
4. Purpose of Maintenance:
   The objective is not punitive but supportive, ensuring that the applicant can maintain a standard of living commensurate with their circumstances before the dispute.

Sample Structure of an Application for Alimony Pendente Lite

1. Details of Pending Proceedings

• Title and number of the case.
• Date of the next hearing.

2. Applicant’s Financial Condition

• Declaration of no movable/immovable property or income.

3. Respondent’s Financial Capacity

• Details of income, property, and other financial resources.

4. Financial Dependence

• List of individuals dependent on the respondent, emphasizing the applicant’s dependency.

5. Requested Relief

• A specific amount for monthly/weekly maintenance and legal expenses.

Legal Rights and Remedies

Under Section 36 of the Special Marriage Act, 1954, the court ensures that:

• The economically weaker spouse is not disadvantaged during the proceedings.
• Financial disparity between the parties does not result in an inequitable legal process.

Conclusion

An application for alimony pendente lite is a vital legal tool for spouses facing financial hardship during matrimonial disputes.

It ensures fairness and supports the applicant’s dignity and ability to participate in the proceedings without undue economic burden.

If you require assistance in filing such an application or understanding your legal rights, consult the experienced family law attorneys at Legal Light Consulting (LLC).