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Start Free TrialParsi Marriage and Divorce Act, 1936 Part III
Title: Parsi Matrimonial
State: Central
Year: 1936
.....practitioners entitled to practice in a District Court shall be entitled to practice in any Parsi District Matrimonial Court constituted under this Act. Section 29 - Court 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 institution of the suit. (2) When the defendant shall at such time have left [Subs.by Act 3 of 1951, Section 3 and Schedule, for "Part A States and Part C States".] [the territories to which this Act extends] such suit shall be brought in the Court at the place where the plaintiff and defendant last resided together1[or where the marriage under this Act was solemnized] (3) In any case, whether the defendant resides in [Subs. by Act 3 of 1951, Section 3 and Schedule, for "Part A States and Part C States".] [the territories to which this Act extends] or not, such suit may be brought in the Court at the place where the plaintiff resides or 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. Inserted.....
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Part II
Title: Marriages Between Parsis
State: Central
Year: 1936
.....for the offence of marrying again during the lifetime of a husband or wife. Section 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 Schedule II. The certificate shall be signed by the said priest, the contracting parties,1[***], and two witnesses present at the marriage; and the said priest shall thereupon send such certificate together with a fee of two rupees to be paid by the husband to the Registrar of the place at which such marriage is solemnized. The Registrar on receipt of the certificate and fee shall enter the certificate in a register to be kept by him for that purpose and shall be entitled to retain the fee. ____________________________ 1. The words "or their fathers or guardians when they shall not have completed the age of twenty-one years" omitted by the Parsi Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988. Section 7 - Appointment of Registrar For the purposes of this Act a Registrar shall be appointed.Within the local limits of the ordinary original civil jurisdiction of a High Court, the.....
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Amending Act 1
Title: Parsi Marriage and Divorce (Amendment) Act, 1988
State: Central
Year: 1936
.....Gazette, appoint. 2. Amendment of section 3- In the Parsi Marriage and Divorce Act, 1936 (3 of 1936) (hereinafter referred to as the principal Act), section 3 shall be re-numbered as sub-section (1) thereof, and -- (a) in sub-section (1) as so re-numbered, for clause (c), the following clause shall be substituted, namely :-- "(c) in the case of any Parsi (whether such Parsi has changed his or her religion or domicile or not) who, if a male, has not completed twenty-one years of age, fund if a female, has not completed eighteen years of age."; (b) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :-- "(2) Notwithstanding that a marriage is invalid under any of the provisions of sub-section (1), any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate.". 3. Amendment of section 6- In section 6 of the principal Act, the words ", or their fathers or guardians when they shall not have completed the age of twenty-one years," shall be omitted. 4. Amendment of sections 19 and 20- In sections 19 and 20 of the principal Act, for the words "by seven delegates", the following.....
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 3
Title: Requisites to Validity of Parsi Marriages
State: Central
Year: 1936
.....the provisions of sub-section (1), any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate.] ________________________ 1. Section 3 renumbered as sub-seciton (1) thereof by the Parsi Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988. 2. Substituted for "in the case of any Parsi (whether such Parsi has changed has or her religion or domicile or not) who has not completed the age of twenty-one years, the consent of his or her father or guardian has not been previously given to such marriage." By the Parsi Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988. 3. Inserted by the Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988.
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Complete Act
Title: Parsi Marriage and Divorce Act, 1936
State: Central
Year: 1936
.....destroying or altering register Section17 - Formal irregularity or altering register Part III Section18 - Constitution of Special Courts under the Act Section19 - Parsi Chief Matrimonial courts Section20 - Parsi District Matrimonial Courts Section21 - Power to alter territorial jurisdiction of District courts Section22 - Certain districts to be within jurisdiction of the chief Matrimonial court Section23 - Court seals Section24 - Appointment of degrees Section25 - Power to appoint new delegates Section26 - Delegates to be deemed public servants Section27 - Selection of delegates under sections 19 and 20 to be from those appointed under section 24 Section28 - Practitioners in Matrimonial Courts Section29 - Court in which suits to be brought Part IV Section30 - Suits for nullity Section31 - Suits for dissolution Section32 - Grounds for divorce Section32A - Non-resumption of cohabitation or restitution of conjugal rights within one year in pursuance of a decree to be ground for divorce Section32B - Divorce by mutual consent Section33 - Joining of co-defendant Section34 - Suits for judicial separation Section35 - Decrees in certain suits Section36 - Suit for.....
List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Preamble 1
Title: Parsi Marriage and Divorce Act, 1936
State: Central
Year: 1936
THE PARSI MARRIAGE AND DIVORCE ACT, 1936 [Act, No. 3 of 1936] [23rd April, 1936] PREAMBLE An Act to amend the law relating to marriage and divorce among Parsis. WHEREAS it is expedient to amend the law relating to marriage and divorce among Parsis; It is hereby enacted as follows:
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 19
Title: Parsi Chief Matrimonial Courts
State: Central
Year: 1936
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.The local limits of the jurisdiction of a Parsi Chief Matrimonial Court shall be conterminous with the local limits of the ordinary original civil jurisdiction of the High Court. The Chief Justice of the High Court, or such other Judge of the same Court as the Chief Justice shall from time to time appoint shall bethe Judge of such Matrimonial Court, and, in the trial of cases under this Act, he shall be aided 1[by five delegates, except in regard to -- (a) interlocutory applications and proceedings; (b) alimony and maintenance, both permanent as well as pendente lite; (c) custody, maintenance and education of children; and (d) all matters and proceedings other than the regular hearing of cases.] ________________________ 1. Substituted for "by seven delegates" by the Parsi Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988.
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 20
Title: Parsi District Matrimonial Courts
State: Central
Year: 1936
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 provisions contained in section 21, the local limits of the jurisdiction of such Court shall be conterminous with the limits of the district in which it is held.The Judge of the principal Court of original civil jurisdiction at such place shall be the Judge of such Matrimonial Court, and in the trial of cases under this Act he shall be aided. 1[by five delegates, except in regard to -- (a) interlocutory applications and proceedings; (b) alimony and maintenance, both permanent as well as pendente lite; (c) custody, maintenance and education of children; and (d) all matters and proceedings other than the regular hearing of cases.] ________________________ 1. Substituted for "by seven delegates" by the Parsi Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988.
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Complete Act
State: Central
Year: 1936
.....certificate was defective, irregular or incorrect. "Clause 17.- This new clause lays down general principles on which most discreet Judges would act and have acted." CHAPTER III- PARSI MATRIMONIAL COURTS SECTION 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 such other places in the territories of the several[State Governments] as such Governments respectively shall think fit. SECTION 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. The local limits of the jurisdiction of a Parsi Chief Matrimonial Court shall be conterminous with the local limits of the ordinary original civil jurisdiction of the High Court. The Chief Justice of the High Court or such other Judge of the same Court, as the Chief Justice shall from time to time appoint, shall be the Judge of such Matrimonial Court, and, in the trial of cases under this Act, he shall be aided14[by five delegates, except in.....
List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Part IV
Title: Matrimonial Suits
State: Central
Year: 1936
.....Section 2.] [(3) Where an order for alimony or maintenance in favour of awife has been made either under the provisions of the [Repealed by this Act.] Parsi Marriage and Divorce Act, 1865, (15 of 1865) or under the provisions of this Act, the Court, if satisfied that the wife has remarried or has not remained chaste, shall vary or rescind the order.]" by the Parsi Marriage and Divorce Act, 1988, w.e.f. 15-04-1988. 2. Inserted by The Marriage Laws (Amendment) Act 2001 w.e.f. 24.09.2001 Section 40 - Permanent alimony and maintenance 1 [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 or the purpose by either the wife or the husband, order that the defendant shall pay to the plaintiff for her or his maintenance and support, such gross sum or such monthly or periodical sum, for a term not exceeding the life of the plaintiff as having regard to the defendant's own income and other property, if any, the income and other property of the plaintiff, the conduct of the parties and other circumstances of the case, it may seem to the.....
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