...providing permanent alimony within the ambit of Section 25 of the Hindu Marriage Act or under ...Act whichever will be applicable. In that case only there is the scope of modification by way of enhancing or otherwise with the aid of sub-sections (2) and (3), appended to ...Section 24 of the Hindu Marriage Act apart from direction to pay Rs. 5,000/- as litigation costs, the matter is taken up for disposal on mer...

...petitioner in person. The petitioner, having filed an application for permanent alimony under Section 37 of the Special Marriage Act, 1954...

...case of permanent alimony only is available either under section 25 of the Hindu Marriage Act or under ...24 of the Hindu Marriage Act, 1955 or under section 36 of the Special Marriage Act, 1954 there is no provisio...in favour of the petitioner-wife. The petitioner had filed an application under section 151 CPC dated March 2, 2015 for enhancing the amount of maintenance pendente lite for herself as well as for...

...mention that though such application is entertained under a special statute like either the Hindu Marriage Act, 1955 or under ...Marriage Act, or, Section 37(1) of the Special Marriage Act, as the case may be. Effect of such an order shall remain for the term not exceeding lifetime of the wife, or till alt...section 13(i-a) of the Hindu Marriage Act, 1955, it ended into divorce dissolving the marital tie between the parties. In that suit there wa...

...divorced parties does not subsists. Examples of this will be found in section 37 of the Special Marriage Act, 1954; section 25 of the Hindu Marriage Act, 1955; ...Indian Divorce Act, 1869; and section 40 of the Parsi Marriage and Divorce Act, 1936. Words which describe a person's legal character-the character which he either holds or has ones held—are used...section 41 of the Presidency Small Cause Courts Act, 1882, as substituted by the Presidency Small Cause Courts (Maharashtra Amendm...

...Section 37 of the Special Marriage Act, 1954. The amounts awarded by the Trial Court are Rs. 10,000/- per month for the wi...parameters which are mentioned in Section 37 of the Special Marriage Act, 1954 while granting maintenance to the wife...applicant for the treatment of his mother as well.4. Section 37 castes a burden on the husband to maintain his wife, of course having regard to her income, as also the standard of living...

...section 37 of the Special Marriage Act, 1954; whereas within the scope of section 36 of the ...section 37 of the Special Marriage Act, 1954.13. Before departure, this court also desires to refer the case decided in CO No. 2486 of 2016 with CO No. 2913...application under section 36 of the Special Marriage Act, 1954 learned trial court awarded maintenance pendente lite in favour...

.... In such circumstance, the only other aspect for consideration is with regard to grant of alimony. In the present round of litigation, the respondent herein had filed a petition under Section 37 of the Special ...decree for dissolution of the marriage was passed as far back as on 2.5.2014 in F.C. (Civil) No.108 of 2013. Admittedly, the said judgment has not been assailed and has, accordingly, attained finality...

...Ranganath Misra, J.— This appeal by certificate from the Calcutta High Court raises the question whether a decree for permanent alimony passed under Section 37 of the Special Marriage ...Special Marriage Act is a statute of 1954 made by the Indian Parliament after independence. For the interpretation of a provision of this statute there is no warrant to be guided by English decisions. There is no ambiguity ...favour of sustaining a decree and should not permit the benefits under a decree to be lost unless there be any special reason for it. In incorporating a provision like Section 37 in the Act, Parliament...

.... 3. The mother had filed I.A.No.III under Section 37 of Special Marriage Act seeking interim maintenance of an amount of Rs.50,000/- per month to the minor daughters along with an amount of...

...-wife and Rs. 15,000/- each to both sons, total of Rs. 80,000/- per month in exercise of powers under Section 36 and 37 of Special Marriage Act. 2. The claim of present Petitioner is...Application is initiated by the Petitioner under Section 340 of the Code of Criminal Procedure, 1973 [‘Cr.P.C. for short] as the Respondent has practiced perjury which is pending adjudication. In addition...any reason to cause interference in the order impugned, particularly on the ground of pendency of an Application moved under Section 340 of Cr.P.C. at the behest of the Petitioner against the Respondent...

...matrimonial proceedings under Section 24 of the Hindu Marriages Act. The children can seek such maintenance from their father under Section 26 of the Act. Section 37 of ...Marriage Act, 1955, Section 36 of Special Marriage Act, 1954, Section 37 of Indian Divorce Act, 1869, Section 39 of Parsi Marriage and Divorce ...Section 24 of the Hindu Marriage Act, 1955. In the meanwhile the revision petitioner/wife lost her father. He left...

.... Mrs. Dorothea Mitra1, it has been held by the Supreme Court that a decree for alimony passed under Section 37 of the Special ...of differences, the respondent wife had to prefer an application under Section 10 (vii) of the Divorce Act, 1869 bearing Civil Suit No.133A/2007, which was allowed by the...

...of maintenance. As a consequence of grant of divorce, the Court has a duty to consider the income of the other spouse to grant permanent alimony, as has been contemplated under Section 37 of The Special Marriage ...salary, the Court declined to grant any maintenance in her favour.17. According to the learned counsel for the respondent-husband, the grant of permanent alimony is contemplated under Section 37 of The Special ...respondent/ husband to have visitation right of the minor female child.23. The parties to this appeal are governed by the provisions of The Special Marriage Act, 1954. Section 37 of The ...

...appellant and the respondents who were married to each other were involved in a marital dispute and a petition was filed by the respondent under section 27 (1) (d) of the Special Marriage Act, 1954 seeking a decree.... In such circumstance, even if the proceeding before the Family Court under section 37 of the Special Marriage Act is considered as a summary proceeding, if not issues being framed on the basis of the...the Special Marriage Act, the issue...

...an application under Section 37 of the Special Marriage Act, 1954 for permanent alimony. 3. In the proceeding for permanent alimony, the respondent wife took the stand...Rs.4,44,444/- was not paid. 4. Apart from taking a stand that the petition under Section 37 for permanent alimony is barred by res-judicata under Section 11 of the Code...evidence or document showing the income of the appellant. The learned Court was also of the view that it was the duty of the parties to disclose their income and under Section 106 of the Evidence Act, the...

...marriage which the wife possessed under the English law. As a matter of fact when we turn to Section 37 of the Special ...; "Under Section 37, Divorce Act, the Court can make an order for permanent alimony...law that an application for permanent alimony can be made after the passing of a decree for divorce or annulment of marriage. Section 19 of the Matrimonial Causes Act, 1950...

...proceedings under Section 24 of the Hindu Marriages Act. The children can seek such maintenance from their father under Section 26 of the Act. Section 37 of the Indian ...Hindu Marriage Act, 1955, Section 36 of Special Marriage Act, 1954, Section 37 of Indian Divor...’ of Islamic law, Foreign Marriage Act, 1969 and for those who have no faith in any religion or rationalists the Special Marriages Act, 1954.16. In the matrimonial proceedings...

...Hindu Marriage Act, 1955 and what was considered was the scheme of the ...Act, 1954. On a comparison of the two provisions, it will have, therefore, to be held that the ratio in the Division Bench judgment in Pawar's case will apply to a case under ...alimony even when the husband's petition for divorce is being dismissed under Section 27 of the Special Marriage Act. The objectio...

...exercise of the powers under sub-section (2) of section 37 of the Special Marriage Act, 1954 (for short ‘the said Act’). The Family Court while passing the Decr..., while granting a decree of divorce under the provisions of the Special Marriage Act, 1954, the learned Judge granted...exercise of power under sub-section (1) of section 37 of the said Act of 1954. There is a power vesting in the Court to modify the order/decree of permanent alimony and maintenance under...