Sections Particulars
I Preliminary
1 Short title, extent and commencement
(1) This Act may be called the Parsi Marriage and Divorce Act, 1936.  (2) 2[It extends to the whole of India except the State of Jammu and Kashmir]: that the ...
2 Definitions
In this Act, unless there is anything repugnant in the subject or context,- (1) "Chief Justice" includes senior Judge; (2) "Court" means a Court constituted ...
3 Requisites to validity of Parsi marriages
6[(1)] No marriage shall be valid if- (a) the contracting parties are related to each other in any of the degrees of consanguinity or affinity set forth in S...
4 Remarriage when unlawful
(1) No Parsi (whether such Parsi has changed his or her religion or domicile or not) shall contract any marriage under this Act or any other law in the lifeti...
5 Punishment of bigamy
Every Parsi who during the lifetime of his or her wife or husband, whether a Parsi or not, contracts a marriage without having been lawfully divorced from suc...
6 Certificate and registry of marriage
Every marriage contracted under this Act shall, immediately on the solemnization thereof, be certified by the officiating priest in the form contained in Sche...
7 Appointment of Registrar
For the purposes of this Act a Registrar shall be appointed. Within the local limits of the ordinary civil jurisdiction of a High Court, the Registrar shall b...
8 Marriage register to be open for public inspection
The register of marriages mentioned in section 6 shall, at all reasonable times, be open for inspection, and certified extracts there from shall, on applicati...
9 Copy of certificate to be sent to Registrar-General of Births, Deaths and Marriages
Every Registrar, except the Registrar appointed by the Chief Justice of the High Court of Judicature at Bombay, shall, at such intervals as the State Governme...
10 Registration of divorces
When a Court passes a decree for divorce, nullity or dissolution, the Court shall send a copy of the decree for registration to the Registrar of Marriages wit...
11 Penalty for solemnizing marriage contrary to section 4
Any priest knowingly and willfully solemnizing any marriage contrary to and in violation of section 4 shall, on conviction thereof, be punished with simple im...
12 Penalty for priest's neglect of requirements of section 6
Any priest neglecting to comply with any of the requisitions affecting him contained in section 6 shall, on conviction thereof, be punished for every such off...
13 Penalty for omitting to subscribe and attest certificate
Every other person recurred by section 6 to subscribe or attest the said certificate who shall willfully omit or neglect so to do, shall, on conviction thereo...
14 Penalty for making, etc., false certificate
Every person making or signing or attesting any such certificate containing a statement which is false, and which he either knows or believes to be false, s...
15 Penalty for failing to register certificate
Any Registrar failing to enter the said certificate pursuant to section 6 shall be punished with simple imprisonment for a term which may extend to one year, ...
16 Penalty for secreting, destroying or altering register
Any person secreting, destroying, or dishonestly or fraudulently altering the said register in any part thereof shall be punished with imprisonment of either ...
17 Formal irregularity not to invalidate marriage
No marriage contracted under this Act shall be deemed to be invalid solely by reason of the fact that it was not certified under section 6, or that the certif...
III Parsi Matrimonial Courts
18 Constitution of Special Courts under the Act
For the purpose of hearing suits under this Act, a Special Court shall be constituted in each of the Presidency-towns of Calcutta, Madras and Bombay, and in s...
19 Parsi Chief Matrimonial Courts
The Court so constituted in each of the Presidency-towns shall be entitled the Parsi Chief Matrimonial Court of Calcutta, Madras or Bombay, as the case may be...
20 Parsi District Matrimonial Courts
Every Court so constituted at a place other than a Presidency-town shall be entitled the Parsi District Matrimonial Court of such place. Subject to the provis...
21 Power to alter territorial jurisdiction of District Courts
The State Government may from time to time alter the local limits of the jurisdictions of any Parsi District Matrimonial Court, and may include within such li...
22 Certain districts to be within jurisdiction of the Chief Matrimonial Court
Any district which the State Government, on account of the fewness of its Parsi inhabitants, shall deem it inexpedient to include within the jurisdiction of a...
23 Court seals
A seal shall be made for every Court constituted under this Act, and all decrees and orders and copies of decrees and orders of such Court shall be sealed wit...
24 Appointment of delegates
(1) The State Governments shall, in the Presidency-towns and districts subject to their respective Governments, respectively appoint persons to be delegates t...
25 Power to appoint new delegates
The appointment of a delegate shall be for ten years; but he shall be eligible for reappointment for the like term or terms. Whenever a delegate shall die, or...
26 Delegates to be deemed public servants
All delegates appointed under this Act shall be considered to be public servants within the meaning of the Indian Penal Code....
27 Selection of delegates under sections 19 and 20 to be from those appointed under section 24
The delegates selected under sections 19 and 20 to aid in the adjudication. of suits under this Act, shall be taken under the orders of the presiding Judge of...
28 Practitioners in Matrimonial Courts
All legal practitioners entitled to practice in a High Court shall be entitled to practice in any Court constituted under this Act, and all legal practitioner...
29 Courts in which suits to be brought
(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 institu...
IV Matrimonial Suits
30 Suits for nullity
In any case in which consummation of the marriage is from natural causes impossible, such marriage may, at the instance of either party thereto, be declared t...
31 Suits for dissolution
If a husband or wife shall have been continually absent from his or her wife or husband for the space of seven years, and shall not have been heard of as bein...
32 Grounds for divorce
Any married person may sue for divorce on any one or more of the following grounds, namely:- (a) that the marriage has not been consummated within one year af...
32A Non-resumption of cohabitation or restitution of conjugal rights within one year in pursuance of a decree to be ground for divorce
(1) Either party to a marriage, whether solemnized before or after the commencement of the Parsi Marriage and Divorce (Amendment) Act, 1988, may sue for divor...
32B Divorce by mutual consent
(1) Subject to the provisions of this Act, a suit for divorce may be filed by both the parties to a marriage together, whether such marriage was solemnized be...
33 Joining of co-defendant
In every such suit for divorce on the ground of adultery, the plaintiff shall, unless the Court shall otherwise order, make the person with whom the adultery ...
34 Suits for judicial separation
Any married person may sue for judicial separation on any of the grounds for which such person could have filed a suit for divorce,17[***]...
35 Decrees in certain suits
In any suit under section 30, 31, 32 12[32A] or 34, whether defended or not, if the Court be satisfied that any of the grounds set forth in those sections for...
36 Suit for restitution of conjugal rights
Where a husband shall have deserted or without lawful cause ceased to cohabit with his wife, or where a wife shall have deserted or without lawful cause cease...
37 Counterclaim by defendant for any relief
In any suit under this Act, the defendant may make a counterclaim for any relief he or she may be entitled to under this Act....
38 Documentary evidence
Notwithstanding anything contained in any other law for the time being in force, no document shall be inadmissible in evidence in any proceeding at the trial ...
39 Alimony pendente lite
Where in any suit under this Act, it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for he...
40 Permanent alimony and maintenance
(1) Any Court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on an application made to it fo...
41 Payment of alimony to wife or to her trustee
In all cases in which the Court shall make any decree or order for alimony it. may direct the same to be paid either to the wife herself, or to any trustee on...
42 Disposal of joint property
In any suit under this Act the Court may make such provisions in the final decree as it may deem just and proper with respect to property presented at or abou...
43 Suits to be heard in camera and may not be printed or published
(1) Every suit filed under this Act shall be tried in camera and it shall not be lawful for any person to print or publish any matter in relation to any such ...
44 Validity of trial
Notwithstanding anything contained in section 19 or section 20, where in the case of a trial in a Parsi Matrimonial Court not less than 22[three] delegates ha...
45 Provisions of Civil Procedure Code to apply to suits under the Act
The provisions of the Code of Civil Procedure, 1908, shall, so far as the same may be applicable, apply to proceedings in suits instituted under this Act incl...
46 Determination of questions of law and procedure and of fact
In suits under this Act all questions of law and procedure shall be determined by the presiding Judge; but the decision on the facts shall be the decision of ...
47 Appeal to High Court
23[(1)] An appeal shall lie to the High Court from- (a) the decision of any Court established under this Act, whether a Chief Matrimonial Court or District Ma...
48 Liberty to parties to marry again
When the time 24[***] limited for appealing against any decree granting a divorce or annulling or dissolving a marriage shall have expired, and no appeal shal...
V Children Of The Parties
49 Custody of children
In any suit under this Act, the Court may from time to time pass such interim orders and make such provisions in the final decree as it may deem just and prop...
50 Settlement of wife's property for benefit of children
In any case in which the Court shall pronounce a decree of divorce or judicial separation for adultery of the wife, if it shall be made to appear to the Court...
VI Miscellaneous
51 Superintendence of High Court
The High Court shall have superintendence over all Courts constituted under this Act subject, to its appellate jurisdiction in the same manner as it has over ...
52 Applicability of provisions of the Act
(1) The provisions of this Act shall apply to all suits to which the same are applicable whether the circumstances relied on occurred before or after the pass...
53 Repeal- Repealed by the Repealing and Amending Act, 1937
Schedule I Table of prohibited degrees of consanguinity and affinity
(See section 3)A man shall not marry his- 1. Paternal grand-father’s mother. 2. Paternal grand-mother’s mother. 3. Maternal grand-father’s mother. 4. Matern...
Foot Notes
1. This Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and to Dadra and Nagar Haveli by Reg. 6 of 1963, section 2 and Schedule I, w.e....
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