THE PARSI MARRIAGE AND DIVORCE ACT, 1936

ACT NO. 3 OF 1936 · Enacted [23rd April, 1936.] · 55 sections

I.—PRELIMINARY

Section 1.Short title, extent and commencement.

Section 2.Definitions.

II.—MARRIAGES BETWEEN PARSIS

Section 3.Requisites to validity of Parsi marriages.

Section 4.Remarriage when unlawful.

Section 5.Punishment of bigamy.

Section 6.Certificate and registry of marriage.

Section 7.Appointment of Registrar.

Section 8.Marriage register to be open for public inspection.

Section 9.Copy of certificate to sent to Registrar-General of Births, Deaths and Marriages.

Section 10.Registration of divorces.

Section 11.Penalty for solemnizing marriage contrary to section 4.

Section 12.Penalty for priest’s neglect of requirements of section 6.

Section 13.Penalty for omitting to subscribe and attest certificate.

Section 14.Penalty for making, etc., false certificate.

Section 15.Penalty for failing to register certificate.

Section 16.Penalty for secreting, destroying or altering register.

Section 17.Formal irregularity not to invalidate marriage.

III.—PARSI MATRIMONIAL COURTS

Section 18.Constitution of Special Courts under the Act.

Section 19.Parsi Chief Matrimonial Courts.

Section 20.Parsi District Matrimonial Courts.

Section 21.Power to alter territorial jurisdiction of District Courts.

Section 22.Certain districts to be within jurisdiction of the Chief Matrimonial Court.

Section 23.Court seal.

Section 24.Appointment of delegates.

Section 25.Power to appoint new delegates.

Section 26.Delegates to be deemed public servants.

Section 27.Selection of delegates under sections 19 and 20 to be from those appointed under section 24.

Section 28.Practitioners in Matrimonial Courts.

Section 29.Court in which suits to be brought.

IV.—MATRIMONIAL SUITS

Section 30.Suits for nullity.

Section 31.Suits for dissolution.

Section 32.Grounds for divorce.

Section 32A.Non-resumption of cohabitation or restitution of conjugal rights within one year in pursuance of a decree to be ground for divorce.

Section 32B.Divorce by mutual consent.

Section 33.Joining of co-defendant.

Section 34.Suits for judicial separation.

Section 35.Decrees in certain suits.

Section 36.Suit for restitution of conjugal rights.

Section 37.Counter-claim by defendant for any relief.

Section 38.Documentary evidence.

Section 39.Alimony pendente lite.

Section 40.Permanent alimony and maintenance.

Section 41.Payment of alimony to wife or to her trustee.

Section 42.Disposal of joint property.

Section 43.Suits to be heard in camera and may not be printed or published.

Section 44.Validity of trial.

Section 45.Provisions of Civil Procedure Code to apply to suits under the Act.

Section 46.Determination of questions of law and procedure and of fact.

Section 47.Appeal to High Court.

Section 48.Liberty to parties to marry again.

V.—CHILDREN OF THE PARTIES

Section 49.Custody of children.

Section 50.Settlement of wife’s property for benefit of children.

VI.—MISCELLANEOUS

Section 51.Superintendence of High court.

Section 52.Applicability of provisions of the Act.

Section 53.[Repealed.]