Question:medium

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

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In personal law questions, pay close attention to the exact wording used by the statute. Under the Parsi Marriage and Divorce Act, the duration of permanent maintenance may extend up to the lifetime of the claimant.
Updated On: Jul 13, 2026
  • For a fixed term not exceeding ten years
  • For a term not exceeding the life of the plaintiff
  • For a period determined solely by the Registrar
  • For a maximum of five years only
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The Correct Option is B

Approach Solution - 1

Permanent alimony under Section 40 of the Parsi Marriage and Divorce Act, 1936 is meant to support a spouse who cannot maintain themselves after the matrimonial proceeding, and that purpose points directly to how long it can last.

  1. Ten-year or five-year caps: a fixed cap unrelated to the recipient's actual needs would leave a dependent spouse unsupported later in life for no legal reason, so the Act does not adopt either figure.
  2. Left solely to the Registrar: awarding and fixing maintenance in matrimonial disputes is a function of the court trying the case, not an administrative officer.
  3. Not exceeding the life of the plaintiff: tying the maximum duration to the plaintiff's lifetime lets support continue for as long as the need can genuinely exist, which is consistent with the protective aim of Section 40.

The correct answer is a term not exceeding the life of the plaintiff.

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Approach Solution -2

The phrase permanent alimony in matrimonial law is itself a clue to how long maintenance under Section 40 of the Parsi Marriage and Divorce Act can run, and each option can be checked against that concept.

  1. Option (A): A term capped at ten years would make the award temporary rather than permanent, which conflicts with the very label the Act uses for this kind of maintenance.
  2. Option (B): Permanent in this context means the award can last for the recipient's remaining lifetime rather than expiring on a set calendar date, so a term not exceeding the life of the plaintiff fits the permanent character of the alimony contemplated by Section 40.
  3. Option (C): Permanent alimony is awarded and supervised by the court in the matrimonial proceeding, a Registrar has no independent power to fix its duration.
  4. Option (D): A five-year ceiling suffers from the same defect as a ten-year one, it turns a permanent award into a temporary one, contrary to what the section intends.

Reading Section 40 as providing genuinely permanent alimony confirms that its outer limit is the plaintiff's lifetime, not any fixed number of years or a Registrar's discretion.

The correct answer is a term not exceeding the life of the plaintiff.

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