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Start Free TrialParsi Marriage and Divorce Act, 1936 Section 50
Title: Settlement of Wifes Property for Benefit of Children
State: Central
Year: 1936
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 that the wife is entitled to any property be either in possession or reversion, the Court may order such settlement as it shall think reasonable to be made of any part of such property, not exceeding one-half thereof.for the benefit of the children of the marriage or any of them.
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 49
Title: Custody of Children
State: Central
Year: 1936
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 proper with respect to the custody, maintenance and education of the children under the age of1[eighteen years], the marriage of whose parents is the subject of such suit, and may after the final decree upon application, by petition for this purpose, make, revoke, suspend or vary from time to time all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such final decree or by interim orders in case the suit for obtaining such decree were still pending. 2["Provided that the application with respect to the maintenance and education of such children during the suit, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent."] ________________________ 1. Substituted for "sixteen years" by the Parsi Marriage (Amendment) Act, 1988, w.e.f. 15-04-1988. 2. Inserted by The Marriage Laws (Amendment) Act 2001 w.e.f. 24.09.2001
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 36
Title: Suit for Restitution of Conjugal Rights
State: Central
Year: 1936
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 ceased to cohabit with her husband, the party so deserted or with whom cohabitation shall have so ceased may sue for the restitution of his or her conjugal rights and the Court, if satisfied of the truth of the allegations contained in the plaint, and that there is no just ground why relief should not be granted, may proceed to decree such restitution of conjugal rights accordingly.
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 37
Title: Counter Claim by Defendant for Any Relief
State: Central
Year: 1936
In any suit under this Act, the defendant may make a counter- claim for any relief he or she may be entitled to under this Act.
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 38
Title: Documentary Evidence
State: Central
Year: 1936
1[38. Documentary evidence.- Notwithstanding anything contained in any other law for the time being in force, no document shall be in admissible in evidence in any proceeding at the trial of a suit under this Act on the ground that it is not duly stamped or registered.] ________________________ 1. Substituted for "38.No suit to be brought to enforce marriage or contract arising out of marriage when husband is under sixteen years or wife under fourteen years.-Notwithstanding anything herein before contained, no suit shall be brought in any Court to enforce any marriage or any contract connected with or arising out of any marriage, if, at the date of the institution of the suit, the husband shall not have completed the age of sixteen years, or the wife shall not have completed the age of is fourteen years." 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 41
Title: Payment of Alimony to Wife or to Her Trustee
State: Central
Year: 1936
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 her behalf to be approved by the Court,1[or to a guardian appointed by the Court]and may impose any terms or restrictions which to the Court may seem expedient, and may from time to time appoint a new trustee1[or guardian], if for any reason it shall appear to the Court expedient so to do. ________________________ 1. 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 Section 42
Title: Disposal of Joint Property
State: Central
Year: 1936
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 about the time of marriage which may belong jointly to both the husband and wife.
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 46
Title: Determination of Questions of Law and Procedure and of Fact
State: Central
Year: 1936
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 the majority of the delegates before whom the case is tried: Provided that, where such delegates are equally divided in opinion, the decision on the facts shall be the decision of the presiding Judge.
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 48
Title: Liberty to Parties to Marry Again
State: Central
Year: 1936
When the time1[***] limited for appealing against any decree granting a divorce or annulling or dissolving a marriage shall have expired, and no appeal shall have been presented against such decree, or when any such appeal shall have been dismissed, or when in the result of any appeal a divorce has been granted or a marriage has been declared to be annulled or dissolved, but not sooner, it shall be lawful for the respective parties thereto to marry again.2[***] ________________________ 1. Words "hereby" omitted by the Parsi Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988. 2. Words "as if the prior marriage had been terminated by death" omitted by the Parsi Marriage (Amendment) Act, 1988, w.e.f. 15-04-1988.
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 52
Title: Applicability of Provisions of the Act
State: Central
Year: 1936
(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 passing of this Act, and whether any decree or order referred to was passed under this Act or under the law in force before the passing of this Act, and where any proceedings are pending in any Court at the time of the commencement of this Act, the Court shall allow such amendment of the pleadings as may be necessary as the result of the coming into operation of this Act. (2) A Parsi who has contracted a marriage under the Parsi Marriage and Divorce Act, 1865, {Rep.by this Act.} or under this Act, even though such Parsi may change his or her religion or domicile, so long as his or her wife or husband is alive and so long as such Parsi has not been lawfully divorced from such wife or husband or such marriage has not lawfully been declared null and void or dissolved under the decree of a competent Court under either of the said Acts, shall remain bound by the provisions of this Act.
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