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Report No. 18

13. Permanent alimony and maintenance.-

(1) Any court exercising jurisdiction under this Act on the petition of any person, may, at the time of passing any decree of dissolution of marriage or at any time subsequent thereto, order that the petitioner shall, while the respondent remains unmarried, pay to the respondent for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the respondent as, having regard to the petitioner's own income and other property, if any, the income and other property of the respondent and the conduct of the parties, may seem to the court to be just; and any such payment may be secured, if necessary, by a charge on the immovable property of the petitioner.

(2) Where a petition for dissolution of a marriage under this Act has been filed by the husband, the court shall not pass a decree of dissolution of the marriage without passing an order under sub-section (1) unless, for special reasons to be recorded, the court thinks that such order is unnecessary.

(3) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

(4) If the court is satisfied that the party in whose favour an order has been made under this section has remarried or if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it shall rescind the order.

(Cf section 37, Divorce Act; section 25, H.M.A.; section 37, S.M.A.)

Converts Marriage Dissolution Act, 1866 Back

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