Question

Under the Parsi Marriage and Divorce Act, 1936, for what duration can maintenance be awarded?

• A. For a fixed term not exceeding ten years
• B. For a maximum of five years only
• C. For a term not exceeding the life of the plaintiff
• D. For a period determined solely by the Registrar

Hint:

Parsi Marriage Act Rule: Maintenance is intended to support the plaintiff throughout their life, provided they remain unmarried and chaste. It is not limited to a short, fixed period of years!

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
Section 40 of the Parsi Marriage and Divorce Act, 1936, provides for the award of alimony and maintenance to the wife (or the husband, in certain circumstances) in suits brought under the Act.

Step 2: Detailed Explanation:
- The court has the power to order the defendant to pay for the maintenance and support of the plaintiff.
- The statutory provision explicitly states that such payment may be for any term not exceeding the life of the plaintiff, subject to the plaintiff remaining chaste and unmarried.

Step 3: Final Answer:
The court can order maintenance for a term not exceeding the life of the plaintiff. Option (C) is correct.

Answer 2

Section 40 of the Parsi Marriage and Divorce Act, 1936 governs alimony and maintenance in suits under the Act, and the question asks for the maximum permissible duration of such an award.

1. Option (A) - A fixed term not exceeding ten years: Section 40 does not cap maintenance at a fixed number of years like ten; it ties the outer limit to the plaintiff's lifetime instead, so this option invents a duration the Act does not use.
2. Option (B) - A maximum of five years only: Similarly, five years is not the ceiling the Act fixes; maintenance under Section 40 can, in principle, continue well beyond five years as long as it does not outlast the plaintiff's life.
3. Option (C) - A term not exceeding the life of the plaintiff: Section 40 allows the court to order maintenance for any term not exceeding the life of the plaintiff, generally conditioned on the plaintiff remaining unmarried and chaste. This directly answers the question of maximum duration.
4. Option (D) - A period determined solely by the Registrar: Maintenance under Section 40 is ordered by the court hearing the matrimonial suit, not fixed at the sole discretion of a Registrar, so this option misidentifies who decides the matter.

Only the lifetime-linked ceiling matches the actual wording of Section 40.

Hence, the correct answer is For a term not exceeding the life of the plaintiff.