Section 37 of Special Marriage Act, 1954 is applicable [see: section 18 of Foreign Marriage Act, 1939]
A
wife can move an application for permanent alimony and maintenance at the time
of passing any decree or at any time subsequent to the passing of decree in a
proceeding under the Foreign Marriage Act, 1939
On such application the Court can order gross or monthly or
periodical payment of money for the lifetime of wife. While passing the order
the Court can take into consideration:
(i)
Wife’s own property, if any;
(ii)
Husband’s property and ability;
(iii)
The conduct of the parties; and
(iv)
Other circumstances of the case.
The Court can also create charge on the Husband’s property
while passing such order, in respect of the payment of permanent alimony and
maintenance.
The
Court has also power to modify or rescind its order granting permanent alimony/
maintenance in change of circumstances. Circumstances may be that the wife has
remarried or is not leading a chaste life etc.
Also see: