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1The Divorce Act, 1869

( ACT NO. IV Of 1869 )

Chapter IX

ALIMONY

Alimony pendente lite
36. 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 statement 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.

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    Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, "High Court Division" and "Appellate Division" were substituted, for the words “Pakistan”, “Provincial Government” or “the said Government”, "High Courts" or "High Court" or "a High Court" and "Supreme Court" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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