Penalty for omitting to subscribe and attest certificate 14. Penalty for solemnizing marriage contrary to section 4 12. The Central Association adopted the suggestions of the Panchayat Trustees and reprinted the whole and again circulated it. 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. Sister's daughter or step-sister's daughter, or any direct lineal descendant of a sister or step-sister. 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 45 of 1860 for the offence of marrying again during the lifetime of a husband or wife.
Marriage register to be open for public inspection. Every Court so constituted at a place other than a Presidency town shall be entitled the Parsi District Matrimonial Court of such place. Penalty for priest's neglect of requirements of section 6 13. The Parsi Marriage and Divorce Act at present in force was passed in 1865. 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.
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. Delegates to be deemed public servants 27. Mother of wife's maternal grand -father. For the purpose of hearing suits under this Act, a special Court shall be constituted in Subs. 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. 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. Wherein 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 such weekly or monthly sum, during the suit, as having regard to the plaintiff's own income and the income of the defendant, it may seem to the Court to be reasonable.
Sand Sck, for certain words w. In case any such order shall not be obeyed by her husband it may be enforced in the manner provided for the execution of decrees and orders under the Code of Civil Procedure, 1908, 5 of 1908 and further the husband may be sued by any person supplying the wife with necessaries during the time of such disobedience for the price of such necessaries. Calling Sections 30 and 50 semi-substantive provisions, Naomi drew the attention of the court to the absence of similar provisions in other codified personal laws. Rule making power the Supreme Court, etc. The present law provides for the dissolution of a previous Parsi marriage only before contracting a new one, as in 1865 it was not contemplated that a Parsi could contract any other than a Parsi marriage under the Parsi law. 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.
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 by seven delegates. Mother of wife's maternal grand -mother. The Board of Trustees of the Parsi Panchayat, Bombay has sent some recommendations to Government in the form of proposals to amend the Act. Applicability of provisions of the Act 53. 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. 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 willful 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.
Father of husband's paternal grand-father. Zoroaster wrote the Yasna Haptanghaiti 7 hymns and Gathas 5 hymns which are sacred to Zoroastrians. 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; 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. Applicability of provisions of the Act. Signatures of the fathers or guardians of the contracting parties under 21 years of age. 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.
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. Suit for restitution of conjugal rights. Father of husbands paternal grand-father. Wife of son or step-son, or of any direct lineal descendant of a son or step-son. The alteration puts the matter beyond doubt. 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. 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.
Liberty to parties to marry again V. Certain words Omitted by Act No. A plaintiff-wife under this Act does not have the convenience of invoking the jurisdiction of the court within whose territorial jurisdiction she resides to seek matrimonial relief. The alteration is made to suit altered circumstances. Signatures of the contracting parties. Suits to be heard in camera and may not be printed or published. Every other person required 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.
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 Courts shall be sealed with such seal, which shall be kept in the custody of the presiding Judge. } 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. In 2016, the husband filed a Parsi matrimonial suit against Naomi in the Bombay High Court, seeking dissolution of the marriage under Section 32 dd and g of the Act. Every such register shall be evidence of the truth of the statements therein contained. Although it is a fundamental rule that the trial shall be held in open court pursuant to fair trial principle envisaged in Article 21, Order 18 Rule 4 C. Wacha and the late Rt.