Sample Application for Alimony Pendente Lite

An Application for Alimony Pendente Lite is a legal request made to the District Court seeking temporary financial support during ongoing legal proceedings, specifically when one party does not have sufficient income. This document is crucial for individuals who need immediate financial assistance while awaiting the resolution of their case.

Introduction to Alimony Pendente Lite Application

An Application for Alimony Pendente Lite is an essential document under Section 36 of the Special Marriage Act, 1954, aimed at securing temporary financial support for a party who lacks independent income during the pendency of legal proceedings. This document provides details of the applicant’s financial status, the respondent’s income, and property, ensuring that the applicant can manage necessary expenses until the case is resolved.

The application includes specific details such as:

• The status of the legal proceeding (Chapter V/VI of the Act).
• The applicant’s financial condition, including details about property and income.
• Information about the respondent’s sources of income and property ownership.
• The necessity for financial support considering the applicant’s dependent status and the respondent’s ability to pay.

This template is designed to streamline the legal process by offering a clear and structured format for filing an application. It adheres to the legal standards set by Indian law and can be customized to fit individual requirements, ensuring that the alimony request is legally sound and enforceable.

Sample Application

APPLICATION FOR ALIMONY PENDENTE LITE
IN THE DISTRICT COURT AT [Location]

Applicant
[Name of Applicant]
versus
Respondent
[Name of Respondent]
 

Application for alimony pendente lite under Section 36 of the Special Marriage Act, 1954 (No. 43 of 1954).

The applicant prays as under:

1. A proceeding under Chapter V/VI of the Act is pending in this Court between the parties.
   • Case Number: [Provide the case number]
   • Title of the Case: [Provide the title of the case]
   • Date of Hearing: [Provide the date of hearing]
2. The applicant owns no other movable or immovable property, and has no other income except:
   • Full particulars of the applicant’s property and income: [Provide details]
3. The applicant has no independent income sufficient for her support and for the necessary expenses of the proceedings.
4. The respondent has sources of income and owns property mentioned below:
   • Full particulars about respondent’s income and property: [Provide details]
5. The only person dependent upon the respondent is the applicant herself or [if there are other dependents, specify].
6. The respondent has not made provision for the applicant’s maintenance.
7. The applicant submits that, having regard to the respondent’s own income and his property, and considering that the applicant has no independent income sufficient for her support and the necessary expenses of the proceedings, a sum of Rs [amount] per week/month as and by way of her support is the just and proper amount.
8. The respondent may be ordered to pay a sum of Rs [amount] as the applicant’s expenses of the proceeding and a sum of Rs [amount] weekly/monthly for the applicant’s support during the proceedings.

Applicant
[Signature]
[Name of Applicant]

VERIFICATION
The abovenamed applicant states on solemn affirmation that Paras [number] to [number] of the application are true to the applicant’s knowledge and paras [number] to [number] are true to the applicant’s information received and believed to be true by her.

Verified on this [day] day of [month], 19[year], at [location].
Place: [Location]
Petitioner: [Name of Petitioner]