Section 50 of The Parsi Marriage and Divorce Act, 1936.
In any case in which the Court shall pronounce a decree of divorce or judicial separation for adultery of the wife, if it shall be made to appear to the Court that the wife is entitled to any property either in possession or reversion, the Court may order such settlement as it shall think reasonable to be made of any part of such property, not exceeding one half thereof, for the benefit of the children of the marriage or any of them.
Summary
- The Court can take a portion of a wife's property to help her children.
- This only happens if a divorce or judicial separation is granted because the wife committed adultery.
- The property can be something she owns now or something she is set to inherit later.
- The judge decides what amount is fair and reasonable for the children's welfare.
- The Court cannot take more than half of the wife's property for this purpose.
Practical examples
FAQ
1. Can the Court take property from a husband for the children under Section 50 of the Parsi Marriage and Divorce Act, 1936?
No, Section 50 of the Parsi Marriage and Divorce Act, 1936, specifically applies to the settlement of a wife's property when she has committed adultery.
2. What is the maximum amount that can be taken under Section 50 of the Parsi Marriage and Divorce Act, 1936?
The Court can order a settlement of any part of the property as long as it does not exceed one half of that property under Section 50 of the Parsi Marriage and Divorce Act, 1936.
3. Does Section 50 of the Parsi Marriage and Divorce Act, 1936, apply if the divorce is for a reason other than adultery?
No, Section 50 of the Parsi Marriage and Divorce Act, 1936, only mentions cases where the decree is pronounced for the adultery of the wife.
4. Can property that the wife will get in the future be used under Section 50 of the Parsi Marriage and Divorce Act, 1936?
Yes, the Court can settle property that the wife holds in possession or in reversion, meaning property she will receive later, under Section 50 of the Parsi Marriage and Divorce Act, 1936.
Test yourself
Q1.Under Section 50 of the Parsi Marriage and Divorce Act, 1936, for which specific offense can a wife's property be settled for her children?
Q2.What is the legal limit for property settlement under Section 50 of the Parsi Marriage and Divorce Act, 1936?
Q3.To whom does the benefit of the property settlement go under Section 50 of the Parsi Marriage and Divorce Act, 1936?
Q4.Under Section 50 of the Parsi Marriage and Divorce Act, 1936, what kind of property interest can the Court settle?