not leading a chaste life, it may, at the instance of the husbandvary, modify or rescind any such order and in such manner as theCourt may deem just.Section 40 of Parsi Marriage Act, 1936 is as under:
Permanent alimony and maintenance
.— (1) Any Court exercising jurisdiction under this Act may, at the time of passing any decreeor at any time subsequent thereto, on an application made to it forthe purpose by either the wife or the husband, order that thedefendant shall pay to the plaintiff for her or his maintenance andsupport, such gross sum or such monthly or periodical sum, for aterm not exceeding the life of the plaintiff as, having regard tothe defendant’s own income and other property, if any, theincome and other property of the plaintiff, the conduct of theparties and other circumstances of the case, it may seem to theCourt to be just, and any such payment may be secured, if necessary, by a charge on the movable or immovable property of the respondent.(2) The Court if it is satisfied that there is a change in thecircumstances of either party at any time after it has made anorder under sub-section (1), it may at the instance of either partyvary, modify or rescind any such order in such manner as theCourt may deem just.(3) The Court if it is satisfied that the party in whose favour anorder has been made under this section has remarried or, if suchparty is the wife, that she has not remained chaste, or, if suchparty is the husband, that he had had sexual intercourse with anywoman outside wedlock, it may at the instance of the other partyvary, modify or rescind any such order in such manner as theCourt may deem just.Section 37 and 38 of Indian Divorce Act, 1869 are as under:
37. Power to order permanent alimony
.— The High Court may, if it thinks fit, on any decree absolute a marriage to be dissolved, oron any decree of judicial separation obtained by the wife, and theDistrict Judge may, if he thinks fit, on the confirmation of anydecree of his declaring a marriage to be dissolved, or on anydecree of judicial separation obtained by the wife,order that the husband shall, to the satisfaction of the Court,secure to the wife such gross sum of money, or such annual sumof money for any term not exceeding her own life, as, havingregard to her fortune (if any), to the ability of the husband, and tothe conduct of the parties, it thinks reasonable; and for thatpurpose may cause a proper instrument to be executed by allnecessary parties.
Power to order monthly or weekly payments
.— In every such casethe Court may make an order on the husband for payment to thewife of such monthly or weekly sums for her maintenance andsupport as the Court may think reasonable: