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Report No. 59

8.25. Section 25(1).- Section 25(1) of the Hindu Marriage Act reads thus:

"25. (1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall, while the applicant remains unmarried, pay to the applicant 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 applicant as having regard to the respondent's own income and other property, if any, the income and other property of the applicant and the conduct of the parties, it 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 respondent."

8.26. This sub-section raises several questions. In the first place, the condition that the applicant must "remain unmarried" is not intelligible in the case of a decree of judicial separation or a decree of restitution, because the parties to such a decree remain "married".

The Special Marriage Act has a provision for maintenance1, but it does not contain the above condition.

1. Section 37(1), S.M.A.



Hindu Marriage Act, 1955 and Special Marriage Act, 1954 Back




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