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Report No. 65

II. Parsi Marriage Act.

5.2. Parsi Marriage Act.-

Of these enactments, the Convert's Marriage Dissolution Act, 1866 is not of much practical importance. The Indian Divorce Act, 1869, requires fuller discussion and we shall deal with it later1. The Parsi Marriage Act, 1936, which is chronologically the first of the remaining enactments, provides as follows2 on the question of jurisdiction of courts, in section 29-

"29.(1) All suits instituted under this Act shall be brought in the court within the limits of whose jurisdiction the defendant resides at the time of the institution of the suit.

(2) When the defendant shall at such time have left India such suit shall be brought in the Court at the place where the plaintiff and defendant last resided together.

(3) In any case, whether the defendant resides in the territories to which the Act extends or not, such suit may be brought in the Court at the place where the plaintiff and the defendant last resided together, if such court, after recording its reasons in writing, grants leave so to do."

1. See Chapter 6, infra.

2. Section 29, Parsi Marriage Act, 1936.

5.3. Uncertainty as to Scope of section 29.-

Section 29 of the Parsi Marriage Act, quoted above1, brings in the foreign element only in sub-sections (2) and (3); and, even in those sub-sections, it is not clear whether the sub-sections are intended to regulate, as a matter of private international law, the jurisdiction of Indian courts. In this respect, the provision in the Special Marriage Act is more specific2.

1. Para. 5.2, supra.

2. Section 31, Special Marriage Act, see para. 5.4, infra.

Recognition of Foreign Divorces Back

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