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Parsi Marriage and Divorce Act, I936

[Act No. 3 of 1936 dated 23rd. April, 1936]1

Contents

Sections

Particulars

I Preliminary

1

Short title, extent and commencement

2

Definitions

3

Requisites to validity of Parsi marriages

4

Remarriage when unlawful

5

Punishment of bigamy

6

Certificate and registry of marriage

7

Appointment of Registrar

8

Marriage register to be open for public inspection

9

Copy of certificate to be sent to Registrar-General of Births, Deaths and Marriages

10

Registration of divorces

11

Penalty for solemnizing marriage contrary to section 4

12

Penalty for priest's neglect of requirements of section 6

13

Penalty for omitting to subscribe and attest certificate

14

Penalty for making, etc., false certificate

15

Penalty for failing to register certificate

16

Penalty for secreting, destroying or altering register

17

Formal irregularity not to invalidate marriage

III

Parsi Matrimonial Courts

18

Constitution of Special Courts under the Act

19

Parsi Chief Matrimonial Courts

20

Parsi District Matrimonial Courts

21

Power to alter territorial jurisdiction of District Courts

22

Certain districts to be within jurisdiction of the Chief Matrimonial Court

23

Court seals

24

Appointment of delegates

25

Power to appoint new delegates

26

Delegates to be deemed public servants

27

Selection of delegates under sections 19 and 20 to be from those appointed under section 24

28

Practitioners in Matrimonial Courts

29

Courts in which suits to be brought

IV

Matrimonial Suits

30

Suits for nullity

31

Suits for dissolution

32

Grounds for divorce

32A

Non-resumption of cohabitation or restitution of conjugal rights within one year in pursuance of a decree to be ground for divorce

32B

Divorce by mutual consent

33

Joining of co-defendant

34

Suits for judicial separation

35

Decrees in certain suits

36

Suit for restitution of conjugal rights

37

Counterclaim by defendant for any relief

38

Documentary evidence

39

Alimony pendente lite

40

Permanent alimony and maintenance

41

Payment of alimony to wife or to her trustee

42

Disposal of joint property

43

Suits to be heard in camera and may not be printed or published

44

Validity of trial

45

Provisions of Civil Procedure Code to apply to suits under the Act

46

Determination of questions of law and procedure and of fact

47

Appeal to High Court

48

Liberty to parties to marry again

V

Children Of The Parties

49

Custody of children

50

Settlement of wife's property for benefit of children

VI

Miscellaneous

51

Superintendence of High Court

52

Applicability of provisions of the Act

53

Repeal- Repealed by the Repealing and Amending Act, 1937

Schedule I

Table of prohibited degrees of consanguinity and affinity

Foot Notes

 

An Act to amend the law relating to marriage and divorce among Parsis.

 

WHEREAS it is expedient to amend the law relating to marriage and divorce among Parsis;

 

It is hereby enacted as follows: -



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