Fri. Nov 22nd, 2024

 Maintenance pendent lite and expenses of proceedings

Where in any proceedings 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 proceedings, and monthly during the proceedings such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the court to be reasonable.

[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]

  • This Section applies during the pendency of the proceeding. And under this section either wife or the husband can take expenses of the proceedings during pendency of the proceeding. Under this section petitioner conduct is irrelevant. Here the court may direct the respondent to pay the expenses of the proceedings which will be considered reasonable by the court by taking care of the income of the both parties.

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