Section 40: Permanent alimony

40. Permanent alimony.— (1) The Court may, if it shall think fit at the time of passing any decree under this Act or subsequently thereto on application made to it for the purpose, order that the husband shall 1[while the wife remains chaste and unmarried],___ 1 (a) to the satisfaction of the Court, secure to the wife [* * *] 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. 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 (V 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. (2) The Court, if satisfied that there is a change in the circumstances of either party at any time, may at the instance of either party vary, modify or rescind such order in such manner as the Court may deem just. 1[(3) Where an order for alimony or maintenance in favor of a wife has been made either under the provisions of the Parsi Marriage and Divorce Act, 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.] 1Ins. and omitted by Act No. XIV of 1940, s. 3.

Effective date: 1936-01-01

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