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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;

The Parsi Marriage And Divorce Act

The Parsi Marriage And Divorce Act, I936

[Act No. 3 of 1936 dated 23rd. April, 1936]1

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: -

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]:

Provided that the Central Government may, in respect of 3[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:

4[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 date5 as the Central Government may, by notification

in the Official Gazette, appoint.

2

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 under this Act;

(3) to "desert" together with its grammatical variations and cognate expressions, means

to desert the other party to a marriage without reasonable cause and without the

consent, or against the will, of such party;

(4) "grievous hurt" means-

(a) emasculation;

(b) permanent privation of the sight of either eye;

(c) permanent privation of the hearing of either ear;

(d) privation of any member or joint;

(e) destruction or permanent impairing of the powers of any member or joint;

(f) permanent disfiguration of the head or face; or

(g) any hurt which endangers life;

(5) "husband" means a Parsi husband;

(6) "marriage" means a marriage between Parsis whether contracted before or after the

commencement of this Act;

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(7) a "Parsi" means a Parsi Zoroastrian;

(8) "priest" means a Parsi priest and includes Dastur and Mobed; and

(9) "wife" means a Parsi wife.

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 Schedule I; or

(b) such marriage is not solemnized according to the Parsi form of ceremony called

"Ashirvad" by a priest in the presence of two Parsi witnesses other than such priest; or

7[(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, and if a

female, has not completed eighteen years of age.]

8[(2) Notwithstanding that a marriage is invalid under any of the provisions of subsection

(1), any child of such marriage who would have been legitimate if the marriage

had been valid, shall be legitimate.]

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 lifetime of his or her

wife or husband, whether a Parsi or not, except after his or her lawful divorce from such

wife or husband or after his or her marriage with such wife or husband has lawfully

been declared null and void or dissolved, and, if the marriage was contracted with such

wife or husband under the Parsi Marriage and Divorce Act, 18659, or under this Act,

except after a divorce, declaration or dissolution as aforesaid under either of the said

Acts.

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(2) Every marriage contracted contrary to the provisions of sub-section (1) shall be void.

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 such wife or

husband, or without his or her marriage with such wife or husband having legally been

declared null and void or dissolved, shall be subject to the penalties provided in

sections 494 and 495 of the Indian Penal Code for the offence of marrying again during

the lifetime of a husband or wife.

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 parties10[***] 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.

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 be appointed by the Chief

Justice of such Court and without such limits, by the State Government. Every Registrar

so appointed may be removed by the Chief Justice or State Government appointing

him.

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 application, be given by the

Registrar on payment to him by the applicant of two rupees for each such extract. Every

such register shall be evidence of the truth of the statements therein contained.

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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 Government by which he was

appointed from time to time directs, send to the Registrar-General of Births, Deaths and

Marriages for the territories administered by such State Government a true copy

certified by him in such form as such State Government from time to time prescribes, of

all certificates entered by him in the said register of marriages since the last of such

intervals.

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 within its jurisdiction

appointed under section 7; the Registrar shall enter the same in a register to be kept by

him for the purpose, and the provisions of Part II applicable to the Registrars and

registers of marriages shall be applicable, so far as may be, to the Registrars and

registers of divorces and decrees of nullity and dissolution.

11. Penalty for Solemnizing marriage contrary to section 4

Any priest knowingly and wilfully solemnizing any marriage contrary to and in

violation of section 4 shall, on conviction thereof, be punished with simple

imprisonment for a term which may extend to six months, or with fine which may

extend to two hundred rupees, or with both.

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 offence with simple

imprisonment for a term which may extend to three months, or with fine which may

extend to one hundred rupees, or with both.

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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 wilfully omit or neglect so to do, shall, on conviction thereof, be punished for

every such offence with a fine not exceeding one hundred rupees.

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, shall be punished with

simple imprisonment for a term which may extend to three months or with fine which

may extend to one hundred rupees, or with both: and if the act amounts to forgery as

defined in the Indian Penal Code then such person shall also be liable, on conviction

thereof, to the penalties provided in section 466 of the said Code.

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, or with fine,

which may extend to one thousand rupees, or with both.

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 description

as defined in the Indian Penal Code for a term which may extend to two years or if he

be a Registrar for a term which may extend to five years and shall also be liable to fine

which may extend to five hundred rupees.

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 certificate was not sent to the

Registrar, or that the certificate was defective, irregular or incorrect.

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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 such other places

in the territories of the several State Governments as such Governments respectively

shall think fit.

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 Matrimonial Court shall be coterminous 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 aided 11[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.]

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 provisions contained in

section 21, the local limits of the jurisdiction of such Court shall be coterminous 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 11[by five delegates, except in regard to8

(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.]

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 limits any number

of districts under its government.

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 any District

Matrimonial Court, shall be includes within the jurisdiction of the Parsi Chief

Matrimonial Court for the territories under such State Government where there is such

a Court.

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 with such seal,

which shall be kept in the custody of the presiding Judge.

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 to aid in the

adjudication of cases arising under this Act, after giving the local Parsis an opportunity

of expressing their opinion in such manner as the respective Governments may think

fit.

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(2) The persons so appointed shall be Parsis, their names shall be published in the

Official Gazette and their number shall, within the local limits of the ordinary original.

civil jurisdiction of a High Court, be not more than thirty, and in districts beyond such

limits, not more than twenty.

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 have

completed his term of office, or be desirous of relinquishing his office, or refuse or

become incapable or unfit to act, or cease to be a Parsi, or be convicted of an offence

under the Indian Penal Code or other law for the time being in force 12[involving moral

turpitude], or be adjudged insolvent, then and so often the State Government may

appoint any person being a Parsi to be a delegate in his stead; and the name of the

person so appointed shall be published in the Official Gazette.

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 the Court in due

rotation from the delegates appointed by the State Government under section 24;

Provided that each party to the suit may, without cause assigned, challenge any 13[two]

of the delegates attending the Court before such delegates are selected and no delegate

so challenged shall be selected.

28. Practitioners in Matrimonial Courts

All legal practitioners entitled to practise in a High Court shall be entitled to practise in

any Court constituted under this Act, and all legal practitioners entitled to practise in a

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District Court shall be entitled to practise in any Parsi District Matrimonial Court

constituted under this Act.

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 institution of the suit 14[or

where the marriage under this Act was solemnized].

(2) When the defendant shall at such time have left 15[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 together.

(3) In any case, whether the defendant resides in 12[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.

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 to be null and

void.

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 being alive within that

time by those persons who would have naturally heard of him or her, had he or she

been alive, the marriage of such husband or wife may, at the instance of either party

thereto, be dissolved.

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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 after its solemnization

owing to the wilful refusal of the defendant to consummate it;

(b) that the defendant at the time of the marriage was of unsound mind and has been

habitually so up to the date of the suit:

Provided that divorce shall not be granted on this ground, unless the plaintiff (1) was

ignorant of the fact at the time of the marriage, and (2) has filed the suit within three

years form the date of the marriage;

12(bb) that the defendant has been incurably of unsound mind for a -period of two years

or upwards immediately preceding the filing of the suit or has been suffering

continuously or intermittently from mental disorder of such kind and to such an extent

that the plaintiff cannot reasonably be expected to live with the defendant.

Explanation.-In this clause,-

(a) the expression "mental disorder" means mental illness, arrested or incomplete

development of mind, psychopathic disorder or any other disorder or disability of mind

and includes schizophrenia,

(b) the expression "psychopathic disorder" means a persistent disorder or disability of

mind (whether or not including subnormality of intelligence) which results in

abnormally aggressive or seriously irresponsible conduct on the part of the defendant,

and whether or not it requires or is susceptible to medical treatment;]

(c) that the defendant was at the time of marriage pregnant by some person other than

the plaintiff:

Provided that divorce shall not be granted on this ground, unless (1) the plaintiff was at

the time of the marriage ignorant of the fact alleged, (2) the suit has been filed within

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two years of the date of marriage, and (3) marital intercourse has not taken place after

the plaintiff came to know of the fact;

(d) that the defendant has since the marriage committed adultery or fornication or

bigamy or rape or an unnatural offence:

Provided that divorce shall not be granted on this ground, if the suit has been filed

more than two years after the plaintiff came to know of the fact;

12[(dd) that the defendant has since the solemnization of the marriage treated the

plaintiff with cruelty or has behaved in such a way as to render it in the judgement of

the Court improper to compel the plaintiff to live with the defendant:

Provided that in every suit for divorce on this ground it shall be in the discretion of the

Court whether it should grant a decree for divorce or for judicial separation only;]

(e) that the defendant has since the marriage voluntarily caused grievous hurt to the

plaintiff or has infected the plaintiff with venereal disease or, where the defendant is the

husband, has compelled the wife to submit herself to prostitution;

Provided that divorce shall not be granted on this ground, if the suit has been filed

more than two years (i) after the infliction of the grievous hurt, or (ii) after the plaintiff

came to know of the infection, or (iii) after the last act of compulsory prostitution.

(f) that the defendant is undergoing a sentence of imprisonment for seven years or more

for an offence as defined in the Indian Penal Code:

Provided that divorce shall not be granted on this ground, unless the defendant has

prior to the filing of the suit undergone at least one year’s imprisonment out of the said

period;

(g) that the defendant has deserted the plaintiff for at least 2[two years];

(h) that 17[***] an order has been passed against the defendant by a Magistrate awarding

separate maintenance to the plaintiff, and the parties have not had Marital intercourse

for 16[one year] or more since such decree or order;

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18[***]

(i) that the defendant has ceased to be a Parsi 12[by conversion to another religion]:

Provided that divorce shall not be granted on this ground if the suit has been filed more

than two years after the plaintiff came to know of the fact.

12[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 divorce also on the

ground,-

(i) that there has been no resumption of cohabitation as between the parties to the

marriage for a period of one year or upwards after the passing of a decree for judicial

separation in a proceeding to which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to the

marriage for a period of one year or upwards after the passing of a decree for restitution

of conjugal rights in a proceeding to which they were parties.

(2) No decree for divorce shall be granted under sub-section (1) if the plaintiff has failed

or neglected to comply with an order for maintenance passed against him under section

40 of this Act or section 488 of the Code of Criminal Procedure, 1898 or section 125 of

the Code of Criminal Procedure, 1973.

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 before or after

the commencement of the Parsi Marriage and Divorce (Amendment) Act. 1988, on the

ground that they have been living separately for a period of one year or more, that they

have not been able to live together and that they have mutually agreed that the

marriage should be dissolved:

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Provided that no suit under this sub-section shall be filed unless at the date of the filing

of the suit one year has lapsed since the date of the marriage.

(2) The Court shall, on being satisfied, after hearing the parties and after making such

inquiry as it thinks fit, that a marriage has been solemnized under this Act and the

averments in the plaint are true and that the consent of either party to the suit was not

obtained by force or fraud, pass a decree declaring the marriage to be dissolved with

effect from the date of the decree.]

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 is alleged to have

been committed a co-defendant, and in any such suit by the husband the Court may

order the adulterer to pay the whole or any part of the costs of the proceedings.

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 granting relief exist

that none of the grounds therein set forth for withholding relief exist and that-

(a) the act or omission set forth. in the plaint has not been condoned;

(b) the husband and wife are not colluding together;

(c) the plaintiff has not connived at or been accessory to the said act or omission;

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(d) (save where a definite period of limitation is provided by this Act) there has been no

unnecessary or improper delay in instituting the suit; and

(e) there is no other legal ground why relief should not be granted;

then and in such case. but not otherwise, the Court shall decree such relief accordingly.

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 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.

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.

19[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 of a suit under

this Act on the ground that it is not duly stamped or registered.]

20[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 her or his

support and the necessary expenses of the suit, it may, on the application of the wife or

the husband order the defendant to pay to the plaintiff the expenses of the suit,. and

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such weekly or monthly sum, during the suit as, having regard to the plaintiffs own

income and the income of the defendant, it may seem to the Court to be reasonable :

28[Provided that the application for the payment of the expenses of the suit and such

weekly or monthly sum during the suit, shall, as far as possible, be disposed of within

sixty days from the date of service of notice on the wife or the husband, as the case may

be.]

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 for 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 Court to

be just, and any such payment may be secured, if necessary, by a charge on the movable

or immovable property of the defendant.

(2) The Court if it is satisfied that there is change in the circumstances of either party at

any time after it has made an order under sub-section (1), it may, at the instance of

either party, vary, modify or rescind any such order in such manner as the Court may

deem just.

(3) The Court if it is satisfied that the partly in whose favour, an order has been made

under this section has remarried or, if such party is the wife, that she has not remained

chaste, or, if such party is the husband, that he had sexual intercourse with any woman

outside wedlock, it may, at the instance of the other party, vary, modify or rescind any

such order in such manner as the Court may deem just.]

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 her behalf to be

approved by the Court 12[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

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time appoint a new trustee 12[or guardian], if for any reason it, shall appear to the Court

expedient so to do.

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 about the time of

marriage which may belong jointly to both the husband and wife.

21[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 case except a judgment

of the Court printed or published with the previous permission of the Court.

(2) If any, person prints or publishes any matter in contravention of the provisions

contained in sub-section, (1), he shall be punishable with fine which may extend to one

thousand rupees.]

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 have attended

throughout the proceedings, the trial shall not be invalid by reason of the absence

during any part thereof of the other delegates.

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 including

proceedings in execution and orders subsequent to decree:

14[Provided that the presiding Judge shall read out to the delegates the relevant sections

of this Act, and may, if he consider it necessary so to do, explain the same:

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Provided further that a verbatim record shall be made of what the presiding Judge

reads out or explains to the delegates.]

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 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.

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 Matrimonial Court, on the ground of the decision being contrary to

some law or usage having the force of law, or of a substantial error or defect in the

procedure or investigation of the case which may have produced error or defect in the

decision of the case upon the merits, and on no other ground; and

(b) the granting of leave by any such Court under sub-section (3) of section 29:

Provided that such appeal shall be instituted within three calendar months after the

decision appealed from shall have been pronounced.

12[(2) Every appeal under sub-section (1) shall be heard by a Bench of two Judges of the

High Court.]

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 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

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declared to be annulled or dissolved, but not sooner, it shall be lawful for the respective

parties thereto to marry again, 17[***].

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 proper with

respect to the custody, maintenance and education of the children under the age of

25[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:

28[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.]

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 that the

wife is entitled to any property 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.

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 other Courts

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under 26[article 227 of the Constitution], and all the provisions of 27[that article] shall

apply to such Courts.

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 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,

18659, 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.

[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. Maternal grand-mother’s mother.

5. Paternal grand-mother.

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6. Paternal grand-father's wife.

7. Maternal grand-mother.

8. Maternal grand-father’s wife.

9. Mother or step-mother.

10. Father’s sister or step-sister.

11. Mother's sister or step-sister.

12. Sister or step-sister.

13. Brother's daughter or step-brother’s daughter, or any direct lineal descendant of a

brother or step-brother.

14. Sister’s daughter or step-sister’s daughter, or any direct lineal descendant of a sister

or step-sister.

15. Daughter or step-daughter, or any direct lineal descendant of either.

16. Son’s daughter or step-son's daughter, or any direct lineal descendant of a son or

step-son.

17. Wife of son or step-son, or of any direct lineal descendant of a son or step-son.

18. Wife of daughter’s son or of step-daughter's son, or of any direct lineal descendant

of a daughter or stepdaughter.

19. Mother of daughter's husband.

20. Mother of son’s wife.

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21. Mother of wife's paternal grand-father.

22. Mother of wife's paternal grand-mother.

23. Mother of wife's maternal grand-father.

24. Mother of wife's maternal grand-mother.

25. Wife’s paternal grand-mother.

26. Wife’s maternal grand-mother.

27. Wife's mother or step-mother.

28. Wife's father's sister.

29. Wife's mother's sister.

30. Father’s brother's wife.

31. Mother's brother's wife.

32. Brother's son's wife.

33. Sister’s son’s wife.

A woman shall not marry her-

1. Paternal grand-father’s father.

2. Paternal grand-mother's father.

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3. Maternal grand-father's father.

4. Maternal grand-mother's father.

5. Paternal grand-father.

6. Paternal grand-mother's husband.

7. Maternal grand-father.

8. Maternal grand-mother's husband.

9. Father or step-father.

10. Father's brother or step-brother.

11. Mother's brother or step-brother.

12. Brother or step-brother.

13. Brother's son or step-.brother's son, or any direct lineal descendant of a brother or

step-brother.

14. Sister’s son or step-sister's son, or any direct lineal descendant of sister or step-sister.

15. Son, or step-son, or any direct lineal descendant of either.

16. Daughter's son or step-daughter's son, or any direct lineal descendant of a daughter

or step-daughter.

17. Husband of daughter or of step-daughter, or of any direct lineal descendant of a

daughter or step-daughter.

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18. Husband of son’s daughter or of step-son's daughter, or of any direct lineal

descendant of a son or step-son.

19. Father of daughter's husband.

20. Father of son's wife.

21. Father of husband's paternal grand-father.

22. Father of husband's paternal grand-mother.

23. Father of husband's maternal grand-father.

24. Father of husband's maternal grand-mother.

25. Husband's paternal grand-father.

26. Husband's maternal grand-father.

27. Husband's father or step-father.

28. Brother of husband's father.

29. Brother of husband's mother.

30. Husband's brother' son, or his direct lineal descendant.

31. Husband's sister's son, or his direct lineal descendant.

32. Brother's daughter's husband.

33. Sister's daughter's husband.

25

NOTE- In the above table the words "brother" and "sister" denote brother and sister of

the whole as well as half blood. Relationship by step means relationship by marriages.

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.f. 1st July, 1965.

Applies to Pondicherry wit certain modifications in section 1.

2. Substituted by Act No. 3 of 1951.

3. Substituted by the Adaptation of Laws (No. 3) Order, 1956, for the words "Part B

States".

4. Inserted by Act No. 26 of 1968.

5. Appointed date is 22nd. June, 1936; see GOI, 1936, Pt. I, p. 621.

6. Section 3 re-numbered as sub-section (1) thereof by Act No. 5 of 1988, w.e.f. 15th.

April, 1988.

7. Substituted by section 2, Act No. 5 of 1988, for former clause (c), w.e.f. 15th April,

1988.

8. Inserted by Act No. 5 of 1988, w.e.f. 15th April, 1988.

9. Repealed by this Act.

10. The words "or their fathers or guardians when they shall not have completed the age

of twenty-one years" omitted by Act No. 5 of 1988, section 3, w.e.f. 15th April, 1988.

11. Substituted by Act No. 5 of 1988, for the words "by seven delegates", w.e.f. 15th

April, 1988.

26

12. Inserted by Act No. 5 of 1988, w.e.f. 15th April, 1988.

13. Substituted by Act No. 5 of 1988, for the words "Three", w.e.f. 15th April, 1988.

14. Inserted by Act No. 5 of 1988, w.e.f. 15th April, 1988.

15. Substituted by Act No. 3 of 1951, for the words "Part A States and Part C States".

16. Substituted by Act No. 5 of 1988, for the words "three years", w.e.f. 15th April, 1988.

17. Omitted by Act No. 5 of 1988, w.e.f. 15th April, 1988.

18. Clause (i) omitted by Act No. 5 of 1988, w.e.f. 15th April, 1988.

19. Substituted by Act No. 5 of 1988, for section 38, w.e.f. 15th April, 1988.

20. Substituted by Act No. 5 of 1988, for sections 39 and 40, w.e.f. 15th April, 1988.

21. Substituted by Act No. 5 of 1988, for section 43, w.e.f. 15th April, 1988.

22. Substituted by Act No. 5 of 1988, for the words "five", w.e.f. 15th April, 1988.

23. Section 47 re-numbered as sub-section (1) thereof by Act No. 5 of 1988, section 18,

w.e.f. 15th April, 1988.

24. The word "hereby" omitted by section 19, Act No. 5 of 1988, w.e.f.15th April, 1988.

25. Substituted by Act No. 5 of 1988, for the words "sixteen years", w.e.f. 15th April,

1988.

26. Substituted by the A.O. 1950, for the words and figure "section 107 of the

Government of India Act".

27

27. Substituted by Act No. 36 of 1957, for the words "that section".

28. Proviso inserted by the Marriage Laws (Amendment) Act, 2001 (Act No. 49 of 2001),

dated 24th. September, 2001.