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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 period determined solely by the Registrar
  • D.For a term not exceeding the life of the plaintiff

Answer: D

Maintenance may be awarded for a term not exceeding the life of the plaintiff.

Section 40 of the Parsi Marriage and Divorce Act, 1936 lets the court, on passing a decree, order the defendant to pay the plaintiff a gross sum or a monthly or periodical sum for a term not exceeding the life of the plaintiff, having regard to the defendant's income and property, the plaintiff's own means and the conduct of the parties. The order can later be varied, and it can be rescinded if the plaintiff remarries or, in the case of a wife, does not remain chaste.

The Act fixes no ten-year or five-year ceiling, and the decision belongs to the court, not to a Registrar.

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