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Start Free TrialParsi Marriage and Divorce Act, 1936 Section 39
Title: Alimony Pendente Lite
State: Central
Year: 1936
.....for the purpose, order that the husband shall [Ins by Act 14 of 1940, Section 2.] [while the wife remains chaste and unmarried], (a) to the satisfaction of the Court, secure to the wife [The words " while she remains chaste and unmarried " omitted by Act 14 of 1940, Section 2.] such gross sum or such monthly or periodical payment of money for a term not exceeding her life as, having regard to her own property, if any, her husband's ability and the conduct of the parties, shall be deemed just, and for that purpose may require a proper instrument to be executed by all necessary parties and suspend the pronouncing of its decree until such instruments shall have been duly executed, or (b) make such monthly payments to the wife for her maintenance and support as the Court may think reasonable. (2) In case any such order shall not be obeyed by her husband it may be enforced in the manner provided for the execution of decrees and orders under the Code of Civil Procedure, 1908, (5 of 1908) and further the husband may be sued by any person supplying the wife with necessaries during the time of such disobedience for the price of such necessaries. (3) The Court, if satisfied that.....
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 36
Title: Alimony Pendente Lite
State: Central
Year: 1869
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 protection1[the wife may present a petition for expenses of the proceedings and alimony pending the suit] Such petition shall be served on the husband; and the Court, on being satisfied of the truth of the statements therein contained, may make such order on the husband2[for payment to the wife of the expenses of the proceedings and alimony pending the suit]alimony pending the suit as it may deem just: 3[***] 4[ "Provided further that the petition for the expenses of the proceedings and alimony pending the suit, shall, as far as possible, be disposed of within sixty days of service of such petition on the husband."] ______________________ 1. Substituted by Act 49 of 2001, section 2, for "the wife may present a petition for alimony pending the suit" (w.e.f. 24-9-2001). 2. Substituted by Act 49 of 2001, section 2, for "for payment to the wife of alimony pending the suit" (w.e.f. 24-9-2001). 3. The proviso omitted by Act 51 of 2001, section 21 (w.e.f. 3-10-2001). 4. Inserted by Act 49 of 2001, section 2 (w.e.f. 24-9-2001).
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 40
Title: Permanent Alimony and Maintenance
State: Central
Year: 1936
.....for the purpose, order that the husband shall [Ins by Act 14 of 1940, Section 2.] [while the wife remains chaste and unmarried], (a) to the satisfaction of the Court, secure to the wife [The words " while she remains chaste and unmarried " omitted by Act 14 of 1940, Section 2.] such gross sum or such monthly or periodical payment of money for a term not exceeding her life as, having regard to her own property, if any, her husband's ability and the conduct of the parties, shall be deemed just, and for that purpose may require a proper instrument to be executed by all necessary parties and suspend the pronouncing of its decree until such instruments shall have been duly executed, or (b) make such monthly payments to the wife for her maintenance and support as the Court may think reasonable. (2) In case any such order shall not be obeyed by her husband it may be enforced in the manner provided for the execution of decrees and orders under the Code of Civil Procedure, 1908, (5 of 1908) and further the husband may be sued by any person supplying the wife with necessaries during the time of such disobedience for the price of such necessaries. (3) The Court, if satisfied that.....
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Chapter 9
Title: Alimony
State: Central
Year: 1869
.....of the marriage or a decree of judicial separation is obtained by the wife, the District Court may order that the husband shall"] to the satisfaction of the court, secure to the wife such gross sum of money, or such annual sum of money for any term not exceeding her own life, as, having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it thinks reasonable; and for that purpose may cause a proper instrument to be executed by all necessary parties. Power to order monthly or weekly payments.-In every such case the Court may make an order on the husband for payment to the wife of such monthly or weekly sums for her maintenance and support as the Court may think reasonable: Provided that if the husband afterwards from any cause becomes unable to make such payments, it shall be lawful for the Court to discharge or modify the order, or temporarily to suspend the same as to the whole or any part of the money so ordered to be paid, and again to revive the same order wholly or in part as to the court seems fit. ______________________ 1. Substituted by Act 51 of 2001, section 22, for certain words (w.e.f. 3-10-2001). .....
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 41
Title: Payment of Alimony to Wife or to Her Trustee
State: Central
Year: 1936
In all cases in which the Court shall make any decree or order for alimony it may direct the same to be paid either to the wife herself, or to any trustee on her behalf to be approved by the Court,1[or to a guardian appointed by the Court]and may impose any terms or restrictions which to the Court may seem expedient, and may from time to time appoint a new trustee1[or guardian], if for any reason it shall appear to the Court expedient so to do. ________________________ 1. Inserted by the Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988.
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 38
Title: Courtmay Direct Payment of Alimony to Wife or to Her Trustee
State: Central
Year: 1869
In all cases in which the Court makes any decree or order for alimony, it may direct the same to be paid either to the wife herself, or to any trustee on her behalf to be approved by the court, and may impose any terms or restrictions which to the Court seem expedient, and may from time to time appoint a new trustee, if it appears to the Court expedient so to do.
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Part IV
Title: Matrimonial Suits
State: Central
Year: 1936
.....Section 2.] [(3) Where an order for alimony or maintenance in favour of awife has been made either under the provisions of the [Repealed by this Act.] Parsi Marriage and Divorce Act, 1865, (15 of 1865) or under the provisions of this Act, the Court, if satisfied that the wife has remarried or has not remained chaste, shall vary or rescind the order.]" by the Parsi Marriage and Divorce Act, 1988, w.e.f. 15-04-1988. 2. Inserted by The Marriage Laws (Amendment) Act 2001 w.e.f. 24.09.2001 Section 40 - Permanent alimony and maintenance 1 [40. Permanent alimony and maintenance.- (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 or 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.....
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Complete Act
State: Central
Year: 1936
.....certificate was defective, irregular or incorrect. "Clause 17.- This new clause lays down general principles on which most discreet Judges would act and have acted." CHAPTER III- PARSI MATRIMONIAL COURTS SECTION 18: CONSTITUTION OF SPECIAL COURTS UNDER THE ACT For the purpose of hearing suits under this Act, a special Court shall be constituted in each of the Presidency-towns of Calcutta, Madras and Bombay, and in such other places in the territories of the several[State Governments] as such Governments respectively shall think fit. SECTION 19: PARSI CHIEF MATRIMONIAL COURTS The Court so constituted in each of the Presidency towns shall be entitled the Parsi Chief Matrimonial Court of Calcutta, Madras or Bombay, as the case may be. The local limits of the jurisdiction of a Parsi Chief Matrimonial Court shall be conterminous with the local limits of the ordinary original civil jurisdiction of the High Court. The Chief Justice of the High Court or such other Judge of the same Court, as the Chief Justice shall from time to time appoint, shall be the Judge of such Matrimonial Court, and, in the trial of cases under this Act, he shall be aided14[by five delegates, except in.....
List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Amending Act 1
Title: Parsi Marriage and Divorce (Amendment) Act, 1988
State: Central
Year: 1936
.....Gazette, appoint. 2. Amendment of section 3- In the Parsi Marriage and Divorce Act, 1936 (3 of 1936) (hereinafter referred to as the principal Act), section 3 shall be re-numbered as sub-section (1) thereof, and -- (a) in sub-section (1) as so re-numbered, for clause (c), the following clause shall be substituted, namely :-- "(c) in the case of any Parsi (whether such Parsi has changed his or her religion or domicile or not) who, if a male, has not completed twenty-one years of age, fund if a female, has not completed eighteen years of age."; (b) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :-- "(2) Notwithstanding that a marriage is invalid under any of the provisions of sub-section (1), any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate.". 3. Amendment of section 6- In section 6 of the principal Act, the words ", or their fathers or guardians when they shall not have completed the age of twenty-one years," shall be omitted. 4. Amendment of sections 19 and 20- In sections 19 and 20 of the principal Act, for the words "by seven delegates", the following.....
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Complete Act
Title: Parsi Marriage and Divorce Act, 1936
State: Central
Year: 1936
.....destroying or altering register Section17 - Formal irregularity or altering register Part III Section18 - Constitution of Special Courts under the Act Section19 - Parsi Chief Matrimonial courts Section20 - Parsi District Matrimonial Courts Section21 - Power to alter territorial jurisdiction of District courts Section22 - Certain districts to be within jurisdiction of the chief Matrimonial court Section23 - Court seals Section24 - Appointment of degrees Section25 - Power to appoint new delegates Section26 - Delegates to be deemed public servants Section27 - Selection of delegates under sections 19 and 20 to be from those appointed under section 24 Section28 - Practitioners in Matrimonial Courts Section29 - Court in which suits to be brought Part IV Section30 - Suits for nullity Section31 - Suits for dissolution Section32 - Grounds for divorce Section32A - Non-resumption of cohabitation or restitution of conjugal rights within one year in pursuance of a decree to be ground for divorce Section32B - Divorce by mutual consent Section33 - Joining of co-defendant Section34 - Suits for judicial separation Section35 - Decrees in certain suits Section36 - Suit for.....
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