The PARSI MARRIAGE AND DIVORCE ACT, 1936

I.—PRELIMINARY

Section 1 — Short title, extent and commencement.

(1) This Act may be called the Parsi Marriage and Divorce Act, 1936.

(2) It extends to the whole of India except the State of Jammu and Kashmir*:

Provided that the Central Government may, in respect of territories which, immediately before the 1st November, 1956, were comprised in Part B States by notification in the Official Gazette, direct that the provisions of this Act relating to the constitution and powers of Parsi Matrimonial Courts and to appeals from the decisions and orders of such Courts shall apply with such modifications as may be specified in the notification: Provided further that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Browse all 57 sections
  1. 1.Short title, extent and commencement.
  2. 2.Definitions.
  3. 3.Requisites to validity of Parsi marriages.
  4. 4.Remarriage when unlawful.
  5. 5.Punishment of bigamy.
  6. 6.Certificate and registry of marriage.
  7. 7.Appointment of Registrar.
  8. 8.Marriage register to be open for public inspection.
  9. 9.Copy of certificate to sent to Registrar-General of Births, Deaths and Marriages.
  10. 10.Registration of divorces.
  11. 11.Penalty for solemnizing marriage contrary to section 4.
  12. 12.Penalty for priest’s neglect of requirements of section 6.
  13. 13.Penalty for omitting to subscribe and attest certificate.
  14. 14.Penalty for making, etc., false certificate.
  15. 15.Penalty for failing to register certificate.
  16. 16.Penalty for secreting, destroying or altering register.
  17. 17.Formal irregularity not to invalidate marriage.
  18. 18.Constitution of Special Courts under the Act.
  19. 19.Parsi Chief Matrimonial Courts.
  20. 20.Parsi District Matrimonial Courts.
  21. 21.Power to alter territorial jurisdiction of District Courts.
  22. 22.Certain districts to be within jurisdiction of the Chief Matrimonial Court.
  23. 23.Court seal.
  24. 24.Appointment of delegates.
  25. 25.Power to appoint new delegates.
  26. 26.Delegates to be deemed public servants.
  27. 27.Selection of delegates under sections 19 and 20 to be from those appointed under section 24.
  28. 28.Practitioners in Matrimonial Courts.
  29. 29.Court in which suits to be brought.
  30. 30.Suits for nullity.
  31. 31.Suits for dissolution.
  32. 32.Grounds for divorce.
  33. 32A.Non-resumption of cohabitation or restitution of conjugal rights within one year in pursuance of a decree to be ground for divorce.
  34. 32B.Divorce by mutual consent.
  35. 33.Joining of co-defendant.
  36. 34.Suits for judicial separation.
  37. 35.Decrees in certain suits.
  38. 36.Suit for restitution of conjugal rights.
  39. 37.Counter-claim by defendant for any relief.
  40. 38.Documentary evidence.
  41. 39.Alimony pendente lite.
  42. 40.Permanent alimony and maintenance.
  43. 41.Payment of alimony to wife or to her trustee.
  44. 42.Disposal of joint property.
  45. 43.Suits to be heard in camera and may not be printed or published.
  46. 44.Validity of trial.
  47. 45.Provisions of Civil Procedure Code to apply to suits under the Act.
  48. 46.Determination of questions of law and procedure and of fact.
  49. 47.Appeal to High Court.
  50. 48.Liberty to parties to marry again.
  51. 49.Custody of children.
  52. 50.Settlement of wife’s property for benefit of children.
  53. 51.Superintendence of High court.
  54. 52.Applicability of provisions of the Act.
  55. 53.[Repealed.]
  56. SCH-SCHEDULE I.SCHEDULE I
  57. SCH-SCHEDULE II.SCHEDULE II