| Section 13B - Divorce
by mutual consent :-
- Subject to the provisions of this Act a
petition for dissolution of marriage by decree of divorce may be presented to the district
court by both the parties to a marriage together, whether such marriage was solemnized
before or after the commencement of the marriage Laws (Amendment) Act 1976 (68 of 1976),
on the ground that they have been living separately for a period of one year or more, that
they have not been able to live together and that they have mutually agreed that the
marriage should be dissolved.
- On the motion of both the parties made not
earlier than six months after the date of the presentation of the petition referred to in
sub-section (1) and not later than eighteen months after the said date, if the petition is
not withdrawn in the meantime, the court shall, on being satisfied, after hearing the
parties and after making such inquiry as it thinks fit, that a marriage has been
solemnized and that the averments in the petition are true, pass a decree of divorce
declaring the marriage to be dissolved with effect from the date of the decree.
Section 24 - Maintenance pendente lite
and expenses of proceedings :- Where in any proceeding under this Act it appears to
the court that either the wife or the husband, as the case may be, has no independent
income sufficient for her or his support and the necessary expenses of the proceeding, it
may, on the application of the wife or the husband, order the respondent to pay to the
petitioner the expenses of the proceeding, and monthly during the proceeding such sum as,
having regard to the petitioners own income and the income of the respondent, it may
seem to be court to be reasonable.
Section 25 - Permanent alimony and
maintenance :-
- 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 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 he respondents own income and other property,
if any, the income and other property of the applicant the conduct of the parties and
other circumstances of the case it may seem to the court to be jest and any such payment
may be secured, if necessary, by a charge on the immovable property of the respondent.
- 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.
- If the court is satisfied that the party
in whose favour an order has been made under this section has re-married 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 may at the instance of the
other party vary, modify or rescind any such order in such manner as the court may deem
just.
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