1[Where in any suit 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 suit, it may, on the application of the wife or the husband, order the defendant to pay to the plaintiff, the expenses of the suit, and such weekly or monthly sum, during the suit, as, having regard to the plaintiff's own income and the income of the defendant, it may seem to the Court to be reasonable:
2[Provided that the application for the payment of the expenses of the suit and such weekly or monthly sum during the suit, 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.]
2[Provided that the application for the payment of the expenses of the suit and such weekly or monthly sum during the suit, 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.]
Source footnotes
1. Subs. by Act 5 of 1988, s. 13, for sections 39 and 40 (w.e.f. 15-4-1988).2. Ins. by Act 49 of 2001, s. 4 (w.e.f. 24-9-2001).
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More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Requisites to validity of Parsi marriages.Section 4 · Remarriage when unlawful.Section 5 · Punishment of bigamy.Section 6 · Certificate and registry of marriage.Section 7 · Appointment of Registrar.Section 8 · Marriage register to be open for public inspection.India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2020-04-22. Check the linked official text and subsequent notifications when applying a provision.