Section 40 Indian Divorce Act

Section 40 of the Indian Divorce Act 1869 is about Inquiry into existence of ante-nuptial or post-nuptial settlements. It is under CHAPTER X (SETTLEMENTS) of the Act.

Inquiry into existence of ante-nuptial or post-nuptial settlements

The District Court may, before passing a decree for dissolution of the marriage or a decree of nullity of marriage, inquire into] the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree, and may make such orders, with reference to the application of the whole or a portion of the property settled, whether for the benefit of the husband or the wife, or of the children (if any) of the marriage, or of both children and parents, as to the Court seems fit:

Provided that the Court shall not make any order for the benefit of the parents or either of them at the expense of the children.