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

Hint:

In personal law questions, pay close attention to the exact wording used by the statute. Under the Parsi Marriage and Divorce Act, the duration of permanent maintenance may extend up to the lifetime of the claimant.

Answer 1

The Correct Option is B

Concept: The Parsi Marriage and Divorce Act, 1936 is a special personal law governing matrimonial matters among Parsis in India. One of the important objectives of the Act is to protect the financial interests of a spouse who may be unable to maintain himself or herself after divorce, judicial separation, or other matrimonial proceedings. The Act empowers courts to award permanent alimony and maintenance after considering the income, property, conduct, and circumstances of both parties.

Step 1: Understanding the purpose of maintenance.
Maintenance is a financial support mechanism granted by the court to ensure that a spouse does not suffer economic hardship after matrimonial disputes. The court may direct the payment of: Lump Sum Amount or Monthly / Periodical Maintenance depending upon the facts of the case.

Step 2: Examining the statutory provision.
Section 40 of the Parsi Marriage and Divorce Act deals with permanent alimony and maintenance. The section specifically authorizes the court to grant maintenance: For any period not exceeding the life of the plaintiff Therefore, the legislature has expressly permitted maintenance awards extending throughout the lifetime of the claimant.

Step 3: Applying the provision to the present question.
Since the Act itself provides that maintenance may continue for a period not exceeding the life of the plaintiff, option (B) correctly reflects the statutory language. Therefore, \[ \boxed{\text{Maintenance may be awarded for a term not exceeding the life of the plaintiff}} \]

Answer 2

Section 40 of the Parsi Marriage and Divorce Act, 1936 governs permanent alimony and maintenance, and the duration it allows can be tested by checking each option against what that provision actually permits.

1. Option (A) - a fixed ten-year term: The Act does not cap maintenance at any fixed number of years such as ten, since doing so would leave a genuinely dependent spouse without support once that period lapsed, which runs against the protective purpose of the provision.
2. Option (B) - a term not exceeding the life of the plaintiff: Section 40 expressly ties maintenance to the plaintiff's lifetime, allowing it to continue for as long as the dependent spouse lives, rather than expiring after an arbitrary number of years. This matches the statutory language.
3. Option (C) - a period decided solely by the Registrar: Maintenance under a matrimonial statute like this is a judicial function exercised by the court hearing the matrimonial proceeding, not an administrative decision left entirely to a Registrar.
4. Option (D) - a maximum of five years: Like option (A), this imposes an artificial ceiling the Act does not contain, and would undercut the very protection the maintenance provision is meant to give.

Since Section 40 permits maintenance to run for as long as the plaintiff lives, only one option reflects the statute accurately.

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