THE PARSI MARRIAGE AND DIVORCE ACT, I936

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

 

THE PARSI MARRIAGE AND DIVORCE ACT, I936

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

12[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

19[38. Documentary evidence

20[39. Alimony pendente lite

40. Permanent alimony and maintenance

41. Payment of alimony to wife or to her trustee

42. Disposal of joint property

21[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

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