Indian Divorce Act, 1869
36. Alimony pendente lite
In any suit under this Act, whether it be instituted by a husband
or a wife, and whether or not she has obtained an order of protection the wife
may present a petition for alimony pending the suit.
Such petition shall be served on the husband; and the court, on
being satisfied of the truth of the statements therein contained, may make such
order on the husband for payment to the wife of alimony pending the suit as it
may deem just:
PROVIDED that alimony pending the suit shall in no case
exceed one fifth of the husband's average net income for the three years next
preceding the date of the order, and shall continue, in case of a decree for
dissolution of marriage or of nullity of marriage, until the decree is made
absolute or is confirmed, as the case may be.