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Parsi Marriage and Divorce Act, I936
Parsi Marriage and Divorce Act, I936
Contents | |
Sections | Particulars |
I | Preliminary |
1 | Short title, extent and commencement |
2 | Definitions |
3 | Requisites to validity of Parsi marriages |
4 | Remarriage when unlawful |
5 | Punishment of bigamy |
6 | Certificate and registry of marriage |
7 | Appointment of Registrar |
8 | Marriage register to be open for public inspection |
9 | Copy of certificate to be sent to Registrar-General of Births, Deaths and Marriages |
10 | Registration of divorces |
11 | Penalty for solemnizing marriage contrary to section 4 |
12 | Penalty for priest’s neglect of requirements of section 6 |
13 | Penalty for omitting to subscribe and attest certificate |
14 | Penalty for making, etc., false certificate |
15 | Penalty for failing to register certificate |
16 | Penalty for secreting, destroying or altering register |
17 | Formal irregularity not to invalidate marriage |
III | Parsi Matrimonial Courts |
18 | Constitution of Special Courts under the Act |
19 | Parsi Chief Matrimonial Courts |
20 | Parsi District Matrimonial Courts |
21 | Power to alter territorial jurisdiction of District Courts |
22 | Certain districts to be within jurisdiction of the Chief Matrimonial Court |
23 | Court seals |
24 | Appointment of delegates |
25 | Power to appoint new delegates |
26 | Delegates to be deemed public servants |
27 | Selection of delegates under sections 19 and 20 to be from those appointed under section 24 |
28 | Practitioners in Matrimonial Courts |
29 | Courts in which suits to be brought |
IV | Matrimonial Suits |
30 | Suits for nullity |
31 | Suits for dissolution |
32 | Grounds for divorce |
32A | Non-resumption of cohabitation or restitution of conjugal rights within one year in pursuance of a decree to be ground for divorce |
32B | Divorce by mutual consent |
33 | Joining of co-defendant |
34 | Suits for judicial separation |
35 | Decrees in certain suits |
36 | Suit for restitution of conjugal rights |
37 | Counterclaim by defendant for any relief |
38 | Documentary evidence |
39 | Alimony pendente lite |
40 | Permanent alimony and maintenance |
41 | Payment of alimony to wife or to her trustee |
42 | Disposal of joint property |
43 | Suits to be heard in camera and may not be printed or published |
44 | Validity of trial |
45 | Provisions of Civil Procedure Code to apply to suits under the Act |
46 | Determination of questions of law and procedure and of fact |
47 | Appeal to High Court |
48 | Liberty to parties to marry again |
V | Children Of The Parties |
49 | Custody of children |
50 | Settlement of wife’s property for benefit of children |
VI | Miscellaneous |
51 | Superintendence of High Court |
52 | Applicability of provisions of the Act |
53 | Repeal- Repealed by the Repealing and Amending Act, 1937 |
Schedule I | Table of prohibited degrees of consanguinity and affinity |
Foot Notes |
Muslim Women (Protection of Rights on Divorce) Act, 1986
Contents | |
Sections | Particulars |
1 | Short title and extent |
2 | Definitions |
3 | Mahr or other properties of Muslim woman to be given to her at the time of divorce |
4 | Order for payment of maintenance |
5 | Option to be governed by the provisions of sections 125 to 128 of Act 2 of 1974 |
6 | Power to make rules |
7 | Transitional provisions |
Indian Divorce Act, 1869
Contents | |
Sections | Particulars |
I | Preliminary |
1 | Short title, commencement of the Act |
2 | Extent of Act |
3 | Interpretation clause |
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 Court 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 |
III | Dissolution Of Marriage |
10 | When husband may petition for dissolution |
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 |
15 | Relief in case of opposition on certain grounds |
16 | Decrees for dissolution to be nisi |
17 | Confirmation of decree for dissolution by District Judge |
17A | Appointment of officer to exercise duties of King’s Proctor |
IV | Nullity Of Marriage |
18 | Petition for decree of nullity |
19 | Grounds of decree |
20 | Confirmation of District Judge’s decree |
21 | Children of annulled marriage |
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 husband or wife may be reversed |
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 |
VII | Restitution Of Conjugal Rights |
32 | Petition for restitution of conjugal rights |
33 | Answer to petition |
VIII | Damages And Costs |
34 | Husband may claim damages from adulterer |
35 | Power to order adulterer to pay costs |
IX | Alimony |
36 | Alimony pendente lite |
37 | Power to order permanent alimony |
38 | Court may direct payment of alimony to wife or to her trustee |
X | Settlements |
39 | Power to order settlement of wife’s property for benefit of husband and children |
40 | Inquiry into existence of ante-nuptial or post-nuptial settlements |
XI | Custody Of Children |
41 | Power to make orders as to custody of children in suits 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 |
XII | Procedure |
45 | Code of Civil Procedure to apply |
46 | Forms of petitions and statements |
47 | Stamp on petition-Petition to state absence of collusion |
48 | Suits on behalf of lunatics |
49 | Suits by minors |
50 | Service of petition |
51 | Mode of taking evidence |
52 | Competence of husband and wife to give evidence as to cruelty or desertion |
53 | Power to close doors |
54 | Power to adjourn |
55 | Enforcement of, and appeal from, orders and decrees |
56 | Appeal to the Supreme Court |
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 |
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 |
Schedule Of Forms | |
No.1 | Petition By Husband For A Dissolution Of Marriage With Damages Against Co-Respondent, By Reason Of Adultery |
No.2 | Respondent’s Statement In Answer To No. 1 |
No.3 | Co-Respondent’s Statement In Answer To No. 1 |
No.4 | Petition For Decree Of Nullity Of Marriage |
No.5 | Petition By Wife For Judicial Separation On The Ground Of Her Husband’s Adultery |
No.6 | Statement In Answer To No. 5 |
No.7 | Statement In Reply To No. 6 |
No.8 | Petition For A Judicial Separation By Reason Of Cruelty |
No.9 | Statement In Answer To No. 8 |
No.10 | Petition For Reversal Of Decree Of Separation |
No.11 | Petition For Protection Order |
No.12 | Petition For Alimony Pending The Suit |
No.13 | Statement In Answer To No. 12 |
No.14 | Undertaking By Minor’s Next Friend To Be Answerable For Respondent’s Costs |