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Under the Parsi Marriage and Divorce Act, 1936, for what duration can maintenance be awarded?

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Parsi Marriage Act Rule: Maintenance is intended to support the plaintiff throughout their life, provided they remain unmarried and chaste. It is not limited to a short, fixed period of years!
Updated On: Jul 13, 2026
  • For a fixed term not exceeding ten years
  • For a maximum of five years only
  • For a term not exceeding the life of the plaintiff
  • For a period determined solely by the Registrar
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The Correct Option is C

Approach Solution - 1

Maintenance provisions across Indian personal laws sometimes use fixed-year caps and sometimes use a lifetime cap, so the key is knowing which model Section 40 of the Parsi Act follows.

  1. Fixed ten-year term: This borrows a style of cap used in some other contexts, but it is not the ceiling Section 40 actually imposes.
  2. Maximum of five years: This, too, is a shorter fixed-year style cap that does not match how Section 40 is worded.
  3. Term not exceeding the life of the plaintiff: Section 40 lets the court order maintenance for any period up to the plaintiff's own lifetime, generally subject to the plaintiff staying unmarried and chaste; there is no shorter, fixed numerical ceiling written into the section at all.
  4. Period fixed solely by the Registrar: Decisions on maintenance duration rest with the court trying the matrimonial suit, not with a Registrar acting alone, so this option misplaces the decision-making authority.

Since Section 40 uses a lifetime-based ceiling rather than a fixed number of years, the option matching that structure is the correct one.

\[ \boxed{\text{For a term not exceeding the life of the plaintiff}} \]
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Approach Solution -2

Comparing how each option frames the "limit" on maintenance helps identify which one actually matches the open-ended, lifetime-linked structure Section 40 adopts.

  1. Option (A): A rigid ten-year cap would end support well within a dependent spouse's likely lifetime in many cases, which is not consistent with the protective purpose Section 40 serves.
  2. Option (B): An even shorter five-year cap would undercut that protective purpose further and does not appear anywhere in the section's text.
  3. Option (C): Tying the maximum duration to the plaintiff's own life, rather than to a fixed number of years, matches both the wording of Section 40 and its underlying purpose of ensuring ongoing support for as long as the dependent spouse needs and qualifies for it.
  4. Option (D): Handing this decision solely to a Registrar would be inconsistent with matrimonial relief being adjudicated by the court hearing the suit.

The lifetime-linked ceiling best serves the protective purpose behind Section 40, and it is also what the text of the section actually says.

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

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