(1) If divorce
is to be effected because of the husband, the concerned court shall,
if the wife so demands, cause partition to be effected between the
husband and wife before effecting divorce.
(2) If a petition is filed by the wife for divorce on the
ground referred to in clause (b), (c), (d), (e) or (f) of Section 95,
divorce is deemed to be effected because of the husband, for the
purposes of sub-section (1).
(3) If a property in common is registered in the name of
both husband and wife or either of them, then such property shall be
partitioned between them according to law, prior to effecting
divorce.
(4) If the husband himself has not obtained partition from
his father or other coparceners, the court shall, by causing both the
parties to disclose the coparceners, and if there are other
coparceners who are entitled to partition, by inquiring such
coparceners as well, cause partition to be apportioned between the
husband and wife.
(5) If it appears that it may take a long time to effect
partition pursuant to sub-section (1), (3) or (4), the court may effect
divorce between the husband and wife and order the husband to
provide the wife with monthly expenses as alimony according to the
property and income of the husband until the partition is effected.
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Provided that if such a woman concludes another marriage
before effecting partition, she shall not be entitled to a partition
share.
(6) Notwithstanding anything contained elsewhere in this
Section, if a petition is filed for divorce on the ground referred to in
clause (b), (c) or (d) of Section 94, the husband shall not be
compelled to provide partition share or alimony to the wife
pursuant to this Chapter.