Alimony pendente lite
Section 36 of the Divorce Act, 1869 deals with alimony pendente lite. In any suit under this Act, whether it be instituted by a husband or a wife, and whether or not she has obtained an order of protection [the wife may present a petition for expenses of the proceedings and alimony pending the suit.] Such petition shall be served on the husband; The Act came into force on 26 Apr 1869.
In any suit under this Act, whether it be instituted by a husband or a wife, and whether or not she has obtained an order of protection 1[the wife may present a petition for expenses of the proceedings and alimony pending the suit.]
Such petition shall be served on the husband; and the Court, on being satisfied of the truth of the statements therein contained, may make such order on the husband 2[for payment to the wife of the expenses of the proceedings and alimony pending the suit] alimony pending the suit as it may deem just:
3* * * * *
4[Provided further that the petition for the expenses of the proceedings and alimony pending the suit, shall, as far as possible, be disposed of within sixty days of service of such petition on the husband.]
Section 36, The Divorce Act, 1869 (Act 4 of 1869).
Questions about Section 36
What does Section 36 of the Divorce Act deal with?
Section 36 of the Divorce Act is headed "Alimony pendente lite". In any suit under this Act, whether it be instituted by a husband or a wife, and whether or not she has obtained an order of protection [the wife may present a petition for expenses of the proceedings and alimony pending the suit.] Such petition shall be served on the husband;
How do I find court cases under Section 36 of the Divorce Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Divorce Act 1869 36, section 36 Divorce Act 1869, section 36 of the Divorce Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 36 of the Divorce Act come into force?
Section 36 of the Divorce Act, cited as Divorce Act 1869 36, came into force on 26 Apr 1869, having been enacted on 26 Jan 1869. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Interpretation-clause389 words
- 10. Grounds for dissolution of marriage296 words
- 60. Decree for separation or protection-order valid as to persons dealing with wife before reversal253 words
- 16. Decrees for dissolution to be nisi225 words
- 14. Power to Court to pronounce decree for dissolving marriage214 words
- 37. Power to order permanent alimony205 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.