Permanent Alimony - Bare Acts

Parsi 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.....

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Divorce 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). .....

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Parsi 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.....

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Divorce 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).

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Parsi 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.

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Divorce 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.

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Hindu Marriage Act, 1955 Section 25

Title: Permanent Alimony and Maintenance

State: Central

Year: 1955

.....is satisfied that there is a 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) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, 3 [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]. __________________________ 1. The words "while the applicant remains unmarried" omitted by Act 68 of 1976, section 18 (w.e.f. 27-5-1976). 2. Substituted by Act 68 of 1976, section 18, for "and the conduct of the parties" (w.e.f. 27-5-1976). 3. Substituted by Act 68 of 1976, section 18, for "it shall rescind the order" (w.e.f. 27-5-1976).

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Special Marriage Act, 1954 Section 37

Title: Permanent Alimony and Maintenance

State: Central

Year: 1954

.....and other circumstances of the case], it may seem to the court to be just. (2) If the district court is satisfied that there is a 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 it may seem to the court to be just. (3) If the district court is satisfied that the wife in whose favour an order has been made under this section has re-married or is not leading a chaste life,2 [it may, at the instance of the husband vary, modify or rescind any such order and in such manner as the court may deem just.] ________________________ 1.Substituted by Act 68 of 1976,Section 36, for "and the conduct of the parties"(w.e.f. 27-5-1976). 2.Substituted by Act 68 of 1976,Section 36, for "it shall rescind the order"(w.e.f. 27-5-1976).

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Divorce Act, 1869 Section 37

Title: Powerto Order Permanent 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).

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Parsi 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.....

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