Section 73: General powers of court.
(1) The court, in exercising its powers under this Part of this Act, may do any or all of the following, that is to say, it may -
(a) order that a lump sum or a weekly, monthly, yearly or other periodic sum be paid;
(b) order that a lump sum or a weekly, monthly, yearly or other periodic sum be secured;
(c) when a periodic sum is ordered to be paid, order that its payment be wholly or partly secured in such manner as the court directs;
(d) order that any necessary deed or instrument be executed, and that the documents of title be produced or such other things be done as are necessary to enable an order to be carried out effectively or to provide security for the due performance of an order;
(e) appoint or remove trustees;
(f) order that payments be made direct to a party to the marriage, or to a trustee to be appointed or to a public officer or other authority for the benefit of a party to the marriage;
(g) order that payment of maintenance in respect of a child be made to such persons or public officer or other authority as the court specifies;
(h) make a permanent order, an order pending the disposal of proceedings, or an order for a fixed term or for a life or during joint lives, or until further order;
(i) impose terms and conditions;
(j) in relation to an order made in respect of a matter referred to in section 70, 71 or 72 of this Act, whether made by the court or by another court, and whether made before or after the commencement of this Act-
(i) discharge the order if the party in whose favour it was made marries again or if there is any other just cause for so doing;
(ii) modify the effect of the order or suspend its operation wholly or in part and either until further order or until a fixed time or the happening of some future event;
(iii) revive wholly or in part an order suspended under sub-paragraph (ii) of this paragraph; or
(iv) subject to subsection (2) of this section, vary the order so as to increase or decrease any amount ordered to be paid by the order;
(k) sanction an agreement for the acceptance of a lump sum or periodic sums or other benefits in lieu of rights under an order made in respect of a matter referred to in section 70, 71 or 72 of this Act, or any right to seek such an order;
(l) make any other order (whether or not of the same nature as those mentioned in the preceding paragraphs of this subsection, and whether or not it is in accordance with the practice under any other enactment or law before the commencement of this Act) which it thinks it is necessary to make to do justice;
(m) include in its decree under another Part of this Act its order under this Part; and
(n) subject to this Act, make an order under this Part of this Act at any time before or after the making of a decree under another Part thereof.
(2) The court shall not make an order increasing or decreasing an amount ordered to be paid by an order unless it is satisfied-
(a) that, since the order was made or last varied, the circumstances of the parties or either of them, or of any child for whose benefit the order was made, have changed to such an extent as to justify its so doing; or
(b) that material facts were withheld from the court that made the order or from a court that varied the order or material evidence previously given before such a court was false.
(3) The court shall not make an order increasing or decreasing-
(a) the security for the payment of a periodic sum ordered to be paid; or
(b) the amount of a lump sum or periodic sum ordered to be secured, unless it is satisfied that material facts were withheld from the court that made the order, or from a court that varied the order, or that material evidence given before such a court was false.
Cite this section
Section 73, MATRIMONIAL CAUSES ACT (1970).
https://repo.podus.ai/laws/matrimonial-causes-act/section/73/