Parsi Marriage and Divorce Act, I936

Parsi Marriage and Divorce Act, I936

[Act No. 3 of 1936 dated 23rd. April, 1936]1
Contents
SectionsParticulars
IPreliminary
1Short title, extent and commencement
2Definitions
3Requisites to validity of Parsi marriages
4Remarriage when unlawful
5Punishment of bigamy
6Certificate and registry of marriage
7Appointment of Registrar
8Marriage register to be open for public inspection
9Copy of certificate to be sent to Registrar-General of Births, Deaths and Marriages
10Registration of divorces
11Penalty for solemnizing marriage contrary to section 4
12Penalty for priest’s neglect of requirements of section 6
13Penalty for omitting to subscribe and attest certificate
14Penalty for making, etc., false certificate
15Penalty for failing to register certificate
16Penalty for secreting, destroying or altering register
17Formal irregularity not to invalidate marriage
IIIParsi Matrimonial Courts
18Constitution of Special Courts under the Act
19Parsi Chief Matrimonial Courts
20Parsi District Matrimonial Courts
21Power to alter territorial jurisdiction of District Courts
22Certain districts to be within jurisdiction of the Chief Matrimonial Court
23Court seals
24Appointment of delegates
25Power to appoint new delegates
26Delegates to be deemed public servants
27Selection of delegates under sections 19 and 20 to be from those appointed under section 24
28Practitioners in Matrimonial Courts
29Courts in which suits to be brought
IVMatrimonial Suits
30Suits for nullity
31Suits for dissolution
32Grounds for divorce
32ANon-resumption of cohabitation or restitution of conjugal rights within one year in pursuance of a decree to be ground for divorce
32BDivorce by mutual consent
33Joining of co-defendant
34Suits for judicial separation
35Decrees in certain suits
36Suit for restitution of conjugal rights
37Counterclaim by defendant for any relief
38Documentary evidence
39Alimony pendente lite
40Permanent alimony and maintenance
41Payment of alimony to wife or to her trustee
42Disposal of joint property
43Suits to be heard in camera and may not be printed or published
44Validity of trial
45Provisions of Civil Procedure Code to apply to suits under the Act
46Determination of questions of law and procedure and of fact
47Appeal to High Court
48Liberty to parties to marry again
VChildren Of The Parties
49Custody of children
50Settlement of wife’s property for benefit of children
VIMiscellaneous
51Superintendence of High Court
52Applicability of provisions of the Act
53Repeal- Repealed by the Repealing and Amending Act, 1937
Schedule ITable of prohibited degrees of consanguinity and affinity
 Foot Notes
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: -

Muslim Women (Protection of Rights on Divorce) Act, 1986

Muslim Women (Protection of Rights on Divorce) Act, 1986
[Act No. 25 of 1986 dated 19th May, 1986]
Contents
SectionsParticulars
1Short title and extent
2Definitions
3Mahr or other properties of Muslim woman to be given to her at the time of divorce
4Order for payment of maintenance
5Option to be governed by the provisions of sections 125 to 128 of Act 2 of 1974
6Power to make rules
7Transitional provisions
An Act to protect the rights of Muslim women who have been divorced by, or have obtained divorce from, their husbands and to provide for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Thirty-seventh year of the Republic of India as follows: -

Indian Divorce Act, 1869

Indian Divorce Act, 1869
[Act No. 4 of Year 1869, dated 26-2-1869]
Contents
SectionsParticulars
IPreliminary
1Short title, commencement of the Act
2Extent of Act
3Interpretation clause
IIJurisdiction
4Matrimonial jurisdiction of High Courts to be exercised subject to Act – Exception
5Enforcement of decrees or orders made heretofore by Supreme Court or High Court
6Pending suits
7Court to act on principles of English Divorce Court
8Extraordinary jurisdiction of High Court
9Reference to High Court
IIIDissolution Of Marriage
10When husband may petition for dissolution
11Adulterer to be co-respondent
12Court to be satisfied of absence of collusion
13Dismissal of petition
14Power to court to pronounce decree for dissolving marriage
15Relief in case of opposition on certain grounds
16Decrees for dissolution to be nisi
17Confirmation of decree for dissolution by District Judge
17AAppointment of officer to exercise duties of King’s Proctor
IVNullity Of Marriage
18Petition for decree of nullity
19Grounds of decree
20Confirmation of District Judge’s decree
21Children of annulled marriage
VJudicial Separation
22Bar to decree for divorce a mensa et toro but judicial separation obtainable by husband or wife
23Application for separation made by petition
24Separated wife deemed spinster with respect to after- acquired property
25Separated wife deemed spinster for purposes of contract and suing
26Decree of separation obtained during absence of husband or wife may be reversed
VIProtection-Orders
27Deserted wife may apply to court for protection
28Court may grant protection order
29Discharge or variation of orders
30Liability of husband seizing wife’s property after notice of order
31Wife’s legal position during continuance of order
VIIRestitution Of Conjugal Rights
32Petition for restitution of conjugal rights
33Answer to petition
VIIIDamages And Costs
34Husband may claim damages from adulterer
35Power to order adulterer to pay costs
IXAlimony
36Alimony pendente lite
37Power to order permanent alimony
38Court may direct payment of alimony to wife or to her trustee
XSettlements
39Power to order settlement of wife’s property for benefit of husband and children
40Inquiry into existence of ante-nuptial or post-nuptial settlements
XICustody Of Children
41Power to make orders as to custody of children in suits for separation
42Power to make such orders after decree
43Power to make orders as to custody of children in suits for dissolution or nullity
44Power to make such orders after decree or confirmation
XIIProcedure
45Code of Civil Procedure to apply
46Forms of petitions and statements
47Stamp on petition-Petition to state absence of collusion
48Suits on behalf of lunatics
49Suits by minors
50Service of petition
51Mode of taking evidence
52Competence of husband and wife to give evidence as to cruelty or desertion
53Power to close doors
54Power to adjourn
55Enforcement of, and appeal from, orders and decrees
56Appeal to the Supreme Court
XIIIRe-Marriage
57Liberty to parties to marry again
58English clergyman not compelled to solemnize marriages of persons divorced for adultery
59English Minister refusing to perform ceremony to permit use of his Church
XIVMiscellaneous
60Decree for separation or protection- order valid as to persons dealing with wife before reversal
61Bar of suit for criminal conversation
62Power to make rules
Schedule Of Forms
No.1Petition By Husband For A Dissolution Of Marriage With Damages Against Co-Respondent, By Reason Of Adultery
No.2Respondent’s Statement In Answer To No. 1
No.3Co-Respondent’s Statement In Answer To No. 1
No.4Petition For Decree Of Nullity Of Marriage
No.5Petition By Wife For Judicial Separation On The Ground Of Her Husband’s Adultery
No.6Statement In Answer To No. 5
No.7Statement In Reply To No. 6
No.8Petition For A Judicial Separation By Reason Of Cruelty
No.9Statement In Answer To No. 8
No.10Petition For Reversal Of Decree Of Separation
No.11Petition For Protection Order
No.12Petition For Alimony Pending The Suit
No.13Statement In Answer To No. 12
No.14Undertaking By Minor’s Next Friend To Be Answerable For Respondent’s Costs
An Act to amend the law relating to Divorce and Matrimonial Causes 1[* * *]
WHEREAS it is expedient to amend the law relating to the divorce of persons professing the Christian religion, and to confer upon certain courts jurisdiction in matters matrimonial; it is hereby enacted as follows:-

INDIAN AND COLONIAL DIVORCE JURISDICTION ACT, 1940

INDIAN AND COLONIAL DIVORCE JURISDICTION ACT, 1940
3 of 1940
10th July, 1940

An Act to explain and amend the Indian and Colonial Divorce Jurisdiction Act,1926. Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled and by the authority of the same as follows:- This Act has been amended by the Colonial and Other Territories (Divorce Jurisdiction) Act, 1950(c. 20) and the Burma Independence Act, 1947 (11 and 12 Geo. VI, c. 3).

2. Amendment of certain conditions precedent to the granting of relief

(1) Sub-section (1) substituted section 1(1)-, proviso (c) of the principal Act, see that Act, ante.

(2) For the removal of doubts it is hereby declared that the provision in the said proviso(c) as originally enacted that no Court shall make any decree of dissolution of marriage except where either the marriage was solemnised in India or the adultery or crime was committed in India did not operate so as to prevent the making of such a decree on grounds other than adultery or crime where the marriage was solemnised in India; and where before the appointed day 1 a petition for the dissolution of marriage has been dismissed on the ground that the said provision did so operate the dismissal of the petition shall not prejudice the bringing of a new petition upon the same, or substantially the same facts.

1. i.e. 1st January, 1941 ; see section 7 of this Act.

3. Jurisdiction under the principal Act in case of husband's change of domicile

Where a wife has been deserted by her husband, and the husband was immediately before the desertion domiciled in England or Scotland but has changed his domicile since the desertion, a High Court in India shall, as from the appointed day, have the same jurisdiction under the principal Act as it would have if the change had not taken place; but, in any such case, a power conferred on the Court by proviso (d) to sub-section (1) of section 1-of the principal Act to require the petitioner to show that she is prevented from taking proceedings in the Court of the Country in which she is domiciled shall include power to require her to show that she is similarly prevented from taking proceedings in the High Court in England, or, as the case may be, the Court of Session,

4. Registration in England and Scotland of decrees and Orders under principal Act

This section substituted sub-section (2) and amended, sub-section (3) of section 1-of the principal Act - see that Act, ante.

5. Application to Burma and Colonies

1The foregoing provisions of this Act shall, with the necessary adaptations, apply in relation to any part of His Majesty's dominions to which the provisions of section 1 of the principal Act (Act of 1926) apply by virtue of anorder in Council undersection 2-thereof, wherever made, as they would have applied in relation to India, if the Indian Independence Act, 1947, had not passed.

1. Section reads thus after being amended by the Burma Independence Act, 1947, and the Colonial and Other Territories (Divorce Jurisdiction) Act, 1950.

6. Areas for which the various High Courts in India arc to act

(1) A High Court in India on which jurisdiction is conferred by sub-section (1) of section 1-of the principal Act shall, on and after the appointed day. exercise that jurisdiction if, and only if, the parties to the marriage last resided together, or at the date of the presentation of the petition each reside, in the appropriate area.

(2) In this section the expression "the appropriate area" means, in relation to any Court, the area with reference to which that Court is for the time being a High Court for the purposes of the Indian Law known as the Indian Divorce Act, 1869-, or such other area as the Governor-General may from time to time by public notification specify, in relation to that Court as the appropriate area for the purposes of this section.

(3) The functions of the Governor-General under this section shall be deemed, for the purposes of Government of India Act, 1935, to be included among the functions which he is, by or under that Act required to exercise in his discretion and so much of section 18A of the Interpretation Act, 1889, as provides that the expression "Governor-General" shall in relation to the period between the commencement of Part III of the Government of India Act, 1935, and the establishment of the Federation of India, mean the Governor-General in Council shall not apply to this section.

7. Meaning of "appointed day"

In this Act the expression "the appointed day" means the first day of January nineteen hundred and forty-one.

8. Short title and citation

This Act may be cited as The Indian and Colonial Divorce Jurisdiction Act, 1940-, and the principal Act and this Act may be cited together as the Indian and Colonial Divorce Jurisdiction Acts, 1926and 1940.

The Muslim Women (Protection of Rights on Divorce) Act, 1986

The Muslim Women (Protection of Rights on Divorce) Act, 1986
CONTENTS
1 Short title and Extent
2 Definitions
3 Mahr or other properties of Muslim women to be given to her at the time of divorce
4 Order for payment of maintenance
5 Opinion to be governed by the provisions of Section 125 to 128 of Act 2 of 1974
6 Power to make rules
7 Transitional provisions

The Indian Divorce Act, 1869

The Indian Divorce Act, 1869

Particulars

Chapter I Preliminary
1 Short title, commencement of Act.
2 Extent of Act.
3 Interpretation-clause.

Chapter II Jurisdiction
4 Matrimonial jurisdiction of High Courts to be exercised subject to Act Exception.
5 Enforcement of decrees or orders made heretofore by Supreme or High Court.
6 Pending suits.
7 Court to act on principles of English Divorce Court.
8 Extraordinary jurisdiction of High Court.
9 Reference to High Court.

Chapter III Dissolution of Marriage.
10 When husband may petition for dissolution, when wife may petition for dissolution, Contents of petition.
11 Adulterer to be co-respondent.
12 Court to be satisfied of absence of collusion.
13 Dismissal of petition.
14 Power to Court to pronounce decree for dissolving marriage Condo nation.
15 Relief in case of opposition on certain grounds.
16 Decrees for dissolution to be nisi, Collusion.
17 Confirmation of decree for dissolution by District Judge.
17A Appointment of officer to exercise duties of King's Proctor.

Chapter IV Delinquent Juveniles.
18 Petition for decree of nullity.
19 Grounds of decree.
20 Confirmation of District Judge's decree.
21 Children of annulled marriage.

Chapter V Judicial Separation.
22 Bar to decree for divorce a mensa et toro: but judicial separation obtainable by husband or wife.
23 Application for separation made by petition.
24 Separated wife deemed spinster with respect to after-acquired property.
25 Separated wife deemed spinster for purposes of contract and suing.
26 Decree of separation obtained during absence of hunband or wife may be reversed.

Chapter VI Protection-Orders.
27 Deserted wife may apply to Court for protection.
28 Court may grant protection-order.
29 Discharge or variation of orders.
30 Liability of husband seizing wife's property after notice of order.
31 Wife's legal position during continuance of order.

Chapter VII Restitution of Conjugal Rights.
32 Petition for restitution of conjugal rights.
33 Answer to petition.

Chapter VIII Damages and Costs.
34 Husband may claim damages from adulterer.
35 Power to order adulterer to pay costs, Power to order litigious intervenor to pay costs.

Chapter IX Alimony
36 Alimony pendente lite.
37 Power to order permanent alimony, Power to order monthly or weekly payments.
38 Court may direct payment of alimony to wife or to her trustee.

Chapter X Settlements.
39 Power to order settlement of wife's property for benefit of husband and children, Settlement of damages.
40 Inquiry into existence of ante-nuptial or post-nuptial settlements.

Chapter XI Custody of Children.
41 Power to make orders as to custody of children in suit for separation.
42 Power to make such orders after decree.
43 Power to make orders as to custody of children in suits for dissolution or nullity.
44 Power to make such orders after decree or confirmation.

Chapter XII Procedure.
45 Code of Civil Procedure to apply.
46 Forms of petitions and statements.
47 Petition to state absence of collusion, Statements to be verified.
48 Suits on behalf of lunatics.
49 Suits by minors.
50 Service of petition.
51 Mode of taking evidence.
52 Competence to husband and wife to give evidence as tocruelty or desertion.
53 Power to close doors.
54 Power to adjourn.
55 Enforcement of, and appeal from, orders and decrees, No appeal as to costs.
56 Appeal to the Supreme Court.

Chapter XIII Re-marriage.
57 Liberty to parties to marry again.
58 English clergyman not compelled to solemnize marriages of persons divorced for adultery.
59 English Minister refusing to perform ceremony to permit use of his Church.

Chapter XIV Miscellaneous.
60 Decree for separation or protection-order valid as to persons dealing with wife before reversal.
61 Bar of suit for criminal conversation.
62 Power to make rules.

Custody of Children

Custody of children.- In any proceeding under this Act, the Court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make 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 decree or interim orders in case the proceedings for obtaining such decree were still pending, and the Court may also from time to time revoke, suspend or vary any such orders and provisions previously made.

Permanent alimony and maintenance

Section 25 in The Hindu Marriage Act, 1955 
25. 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 application made to it for the purposes by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant 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 applicant as, having regard to the respondent's own income and other property of the applicant, 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 immovable property of the respondent.
(2) If the Court is satisfied that there is a 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) If the Court is satisfied that the party in whose favour an order has been made under this Section has re-married or, if such party is the wife, that she has not remained chaste or if such party is the husband, that he has 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.

Financial Security

Financial security the spouse who is gainfully employed or receives an income, is required to maintain the spouse who is not so. The supreme court and high courts time to time delivered so many judgments on maintenance for wife and child.as per the latest judgments a husband can not escape from maintenance. now also maintenance can be allowed as per income and social status of husband to his wife and childrens.