Parsi Maintainance and Alimony


Where in any suit it appears to the court that either the wife or the husband, has no independent income sufficient for her or his support and the necessary expenses of the suit, it may, on the application of the wife or the husband, order the defendant to pay to the plaintiff, the expenses of the suit and such weekly or monthly sum, during the suit, as having regard to the plaintiff”s own income and the income of the defendant, it may seem to the court to be reasonable.


The Court may direct the maintenance amount to be paid either to i) the wife herself, or to ii) any trustee on her behalf approved by the court, or to iii) a guardian appointed by the court. The court can impose any restrictions on such trustee or guardian, if necessary. The court may, also appoint new trustee or guardian, if necessary.


Under section 40 of the Parsi Marriage and Divorce Act, the court is empowered to grant a lumpsum by way of permanent alimony to the wife. The court can order such gross sum or such monthly or periodical sum to be paid to the plaintiff. The court will have to consider: i) the defendant”s own income and other property; ii) the income and other property of the plaintiff; iii) the conduct of the defendant and plaintiff; iv) other relevant circumstances of the cases.

For the purpose of securing the payment of maintenance amount, if necessary, the court may create charge on the moveable or immoveable property of the defendant.

If there is change in the circumstances then, the court, passing the order of maintenance, may at the instance of either party vary, modify or rescind any such order as the court may deem just.

If the party in whose favour an order of maintenance has been passed, i) remarries, or ii) if such party is wife, who has not remarried chaste, or iii) if such party is husband, who had sexual intercourse with any woman outside wedlock, then, the court may, at the instance of the other party vary, modify or rescind any such order as the Court may deem just.