Central · Act 3 of 1936

Section 40 — Permanent alimony and maintenance.

The Parsi Marriage and Divorce Act, 1936

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(1) Any Court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on an application made to it for the purpose by either the wife or the husband, order that the defendant shall pay to the plaintiff for her or his maintenance and support, such gross sum or such monthly or periodical sum, for a term not exceeding the life of the plaintiff as having regard to the defendant's own income and other property, if any, the income and other property of the plaintiff, the conduct of the parties and other circumstances of the case, it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on the movable or immovable property of the defendant.

(2) The Court if it is satisfied that there is change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the Court may deem just.

(3) The Court if it is satisfied that the party in whose favour an order has been made under this section has remarried or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he had sexual intercourse with any woman outside wedlock, it may, at the instance of the other party, vary, modify or rescind any such order in such manner as the Court may deem just.

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Next · Section 41Payment of alimony to wife or to her trustee. →All sections / सभी धाराएँThe Parsi Marriage and Divorce Act, 1936 →
More sections of this actSection 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Requisites to validity of Parsi marriages.Section 4 · Remarriage when unlawful.Section 5 · Punishment of bigamy.Section 6 · Certificate and registry of marriage.Section 7 · Appointment of Registrar.Section 8 · Marriage register to be open for public inspection.
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India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2020-04-22. Check the linked official text and subsequent notifications when applying a provision.

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