The Parsi Marriage and Divorce Act, 1936

Bare Act/Law:

Objective:
The Act regulates marriages and divorces among Parsis (Zoroastrians) in India, setting out the conditions for a valid marriage, procedures for divorce, rules regarding matrimonial courts, and the welfare of children from these marriages.

Simple Explanation:

I. Preliminary

• The law is called the Parsi Marriage and Divorce Act, 1936.
• It applies across India (except earlier Jammu & Kashmir; now applicable there too).
• Important definitions are given for terms like Court, Chief Justice, Parsi, marriage, priest, etc.

II. Marriages Between Parsis

• Conditions for a Valid Marriage:
  • Parties must not be related as per the prohibited list (Schedule I).
  • Must follow the Ashirvad ceremony with a priest and two Parsi witnesses.
  • Minimum age: 21 for males, 18 for females.
• Children from invalid marriages are still treated as legitimate.
• Remarriage without a valid divorce or annulment is void and punishable.
• Bigamy is an offence under Indian Penal Code.
• Registration of Marriage:
  • Priest must certify marriage.
  • Certificate signed by priest, couple, and witnesses.
  • Sent to Registrar for entry into a public marriage register.
• Penalties for not registering, making false certificates, or tampering with records.
• Minor mistakes in paperwork do not invalidate marriages.

III. Parsi Matrimonial Courts

• Special Courts for Parsis established:
  • Chief Matrimonial Courts in Bombay, Calcutta, and Madras.
  • District Matrimonial Courts elsewhere.
• Presiding Judge (High Court Judge or District Judge) assisted by five Parsi delegates.
• Delegates:
  • Appointed for 10 years.
  • Must be Parsis and are considered public servants.
• Lawyers eligible for High or District Courts can practise here.
• Jurisdiction:
  • Cases generally filed where the defendant lives or where the marriage occurred.

IV. Matrimonial Suits

• Types of Suits:
  • Nullity: Marriage void if consummation impossible.
  • Dissolution: Spouse absent and unheard of for 7 years.
  • Divorce Grounds:
    • Non-consummation
    • Mental disorder
    • Adultery, rape, bigamy
    • Cruelty
    • Desertion (2 years)
    • Imprisonment (7 years+)
    • Conversion to another religion
    • No cohabitation after judicial separation (1 year)
    • Divorce by mutual consent after 1 year separation
• Adultery Cases:
  • The third person must be joined as a co-defendant.
• Judicial Separation can also be sought on divorce grounds.
• Restitution of Conjugal Rights:
  • To resume cohabitation if one party deserts without valid reason.
• Financial Matters:
  • Alimony (maintenance) during the suit (temporary).
  • Permanent maintenance after divorce.
  • Division of joint property by court.
• Child Custody:
  • Orders made in the child’s best interest.
  • Focus on custody, maintenance, education for children under 18 years.
• Confidentiality:
  • Suits held in private (camera).
  • Publishing court matters without permission is illegal.
• Role of Delegates:
  • Judges decide law, delegates decide facts.
• Appeals:
  • Appeals lie to the High Court within three months for errors in law or procedure.
• Remarriage:
  • Parties are free to remarry after divorce becomes final.

V. Children of the Parties

• Custody, maintenance, and education of minor children are decided by the court.
• Quick action expected (within 60 days where possible).
• If the wife is guilty of adultery, up to half her property can be secured for the children’s benefit.

VI. Miscellaneous

• High Court supervises Parsi Matrimonial Courts.
• Old cases can be amended to comply with this Act.
• A Parsi changing religion or domicile remains bound by the Act unless marriage is legally dissolved.
• Section 53 (Repealed) has no effect anymore.

Vital Pointers to Remember:

• Marriage Requirements: Ashirvad ceremony, minimum age, non-prohibited relationship.
  Divorce Grounds: Wide range, including cruelty, adultery, desertion, mental illness, conversion.
  Special Parsi Courts: Presided by judges, assisted by community delegates.
• Children’s Welfare: Custody, maintenance, education given high priority.
• Privacy of Proceedings: In-camera hearings, no unauthorised publication.
• Appeal Rights: To High Court on legal grounds within three months.
• Remarriage Freedom: After final divorce decree.
• Old Cases Adaptable: Law applies retroactively where needed.
  No escape by conversion: Changing religion doesn’t nullify marriage obligations under this Act.

Arrangement of Sections

I. PRELIMINARY

• Section 1: Short title, geographical extent, and enforcement date of the Act.
• Section 2: Definitions of important terms used throughout the Act.

II. MARRIAGES BETWEEN PARSIS

• Section 3: Requirements for a Parsi marriage to be considered valid.
• Section 4: Conditions making remarriage unlawful.
• Section 5: Penalty for marrying again during the lifetime of a spouse (Bigamy).
• Section 6: Certification and recording of marriages.
• Section 7: Appointment of marriage registrars.
• Section 8: Public access to marriage registers.
• Section 9: Sending marriage certificate copies to the Registrar-General.
• Section 10: Registration process for divorce decrees.
• Section 11: Punishment for priests conducting illegal marriages.
• Section 12: Punishment for priests failing to complete marriage formalities.
• Section 13: Penalty for failing to sign and verify the marriage certificate.
• Section 14: Penalty for creating or signing false marriage certificates.
• Section 15: Punishment for Registrars failing to record marriage certificates.
• Section 16: Punishment for tampering, hiding, or destroying marriage records.
• Section 17: Minor mistakes in marriage formalities won’t invalidate the marriage.

III. PARSI MATRIMONIAL COURTS

• Section 18: Setting up Special Courts to handle Parsi matrimonial matters.
• Section 19: Establishment of Chief Matrimonial Courts in Presidency towns.
• Section 20: Establishment of District Matrimonial Courts outside Presidency towns.
• Section 21: State Government’s power to modify the jurisdiction of District Courts.
• Section 22: Inclusion of certain districts under Chief Matrimonial Courts’ jurisdiction.
  Section 23: Court seals for authenticity of orders and decrees.
• Section 24: Appointment of community delegates to assist Matrimonial Courts.
• Section 25: Appointment of new delegates when needed.
• Section 26: Delegates regarded as public servants under law.
• Section 27: Delegates selected from among those appointed earlier.
• Section 28: Right of legal practitioners to appear in Matrimonial Courts.
• Section 29: Appropriate court for filing matrimonial cases.

IV. MATRIMONIAL SUITS

• Section 30: Cases where marriage can be declared null and void.
• Section 31: Conditions for marriage dissolution based on prolonged absence.
• Section 32: Grounds for divorce (such as adultery, cruelty, desertion, etc.).
• Section 32A: Divorce based on no resumption of cohabitation after a judicial separation.
• Section 32B: Divorce through mutual consent.
• Section 33: Necessity to join alleged adulterers as co-defendants.
• Section 34: Right to seek judicial separation.
• Section 35: Conditions for granting decrees in matrimonial suits.
• Section 36: Suit for resuming conjugal rights.
• Section 37: Counterclaims by defendants in matrimonial suits.
• Section 38: Acceptance of unstamped or unregistered documents as evidence.
• Section 39: Alimony pending litigation (support during court proceedings).
• Section 40: Orders for permanent alimony and maintenance.
• Section 41: Payment of alimony to the wife or her trustee.
• Section 42: Disposal of property jointly owned by husband and wife.
• Section 43: Matrimonial suits to be heard privately (in camera) and publishing restrictions.
• Section 44: Validity of trials even if some delegates are absent.
• Section 45: Applicability of Civil Procedure Code rules to matrimonial suits.
• Section 46: Judge’s role in law and procedure; delegates’ role in facts.
• Section 47: Appeal process to the High Court.
• Section 48: Freedom to remarry after divorce finalization.

V. CHILDREN OF THE PARTIES

• Section 49: Court orders for custody, maintenance, and education of children.
• Section 50: Settling a divorced wife’s property for children’s benefit.

VI. MISCELLANEOUS

• Section 51: High Court’s supervisory power over Matrimonial Courts.
• Section 52: Application of the Act’s provisions to past and ongoing cases.
• Section 53: Repeal of the earlier Parsi Marriage and Divorce Act, 1865.

Summary Key Points:

• The Act is divided into six parts covering preliminary matters, marriage rules, matrimonial courts, suits, children’s welfare, and miscellaneous provisions.
• It ensures proper registration of marriages and divorces.
• Establishes special matrimonial courts with delegates from the Parsi community to assist judges.
• Lists grounds for divorce such as adultery, cruelty, mental disorder, desertion, and mutual consent.
  Regulates custody and maintenance of children from broken marriages.
• Provides penalties for misconduct by priests, registrars, and parties involved.
• Matrimonial suits are to be heard privately to protect parties’ dignity.

Original Bare Act:

Preliminary

Section 1 – Short title, extent and commencement:

• The Act is named The Parsi Marriage and Divorce Act, 1936.
• It applies across India, except the former State of Jammu and Kashmir (though now it applies to the Union Territories of Jammu and Kashmir and Ladakh too).
• The Central Government can issue notifications to apply provisions regarding Parsi Matrimonial Courts differently in certain areas, especially former Part B States.
• It excludes Renoncants of the Union Territory of Pondicherry.
• The Act came into effect from 22nd June, 1936, as notified by the Central Government.

Section 2 – Definitions: In this Act, unless context suggests otherwise:

• The Chief Justice includes the senior Judge.
• Court refers to a Court established under this Act.
• To desert means abandoning a spouse without reasonable cause and without their consent.
  Grievous hurt covers serious injuries like emasculation, permanent loss of sight, hearing, disfigurement, or any injury endangering life.
• Husband means a Parsi husband.
• Marriage means a marriage between Parsis, regardless of whether it took place before or after the Act.
• A Parsi refers to a Parsi Zoroastrian.
• Priest includes a Parsi priest, Dastur, or Mobed.
• Wife means a Parsi wife.

Simple Explanation:

This part of the Act sets out the basic information and key definitions.

Firstly, it tells us the law’s name – The Parsi Marriage and Divorce Act, 1936. It applies to the entire country of India, except initially Jammu and Kashmir. However, due to later changes, it now also covers Jammu and Kashmir and Ladakh. Special rules can apply in certain former princely states if the government decides so. Also, it doesn’t cover a specific group called Renoncants in Pondicherry.

The law officially started on 22nd June 1936, but the Central Government decided when exactly it should apply through official announcements.

Then, it defines important terms used throughout the Act:

• The Chief Justice isn’t just the highest judge; it also includes a senior judge when needed.
• Court simply means a court created under this law.
• Desertion means one partner leaving the marriage without a good reason and without the other partner’s agreement.
• Grievous hurt refers to serious injuries, like losing an eye, hearing loss, or disfigurement.
• Marriage is specifically between Parsis, no matter when it happened.
• Parsi is a follower of the Zoroastrian religion.
• Priest can be any Parsi priest, including those known as Dastur or Mobed.
• Husband and wife mean Parsi husband and Parsi wife.

Vital Pointers To Remember:

• Law Name: The Parsi Marriage and Divorce Act, 1936.
• Applicability: All of India, excluding Renoncants of Pondicherry; now covers Jammu and Kashmir and Ladakh too.
• Effective Date: 22nd June, 1936.
• Special Provisions: Different rules may apply in former princely (Part B) States.
• Key Definitions:
  • Desertion means leaving without consent.
  • Grievous hurt covers serious permanent injuries.
  • Marriage is only between Parsis.
  • Parsi is a Parsi Zoroastrian.
  • Priest includes Dastur and Mobed.

Marriages Between Parsis

Bare Act/Law:

This section covers the essential requirements and formalities for a valid Parsi marriage under the Parsi Marriage and Divorce Act, 1936. It includes:

• Section 3: Lists conditions for a valid Parsi marriage:
  • The couple must not be closely related as listed in Schedule I (prohibited relationships).
  • The marriage must be solemnised using the Parsi ceremony called Ashirvad, conducted by a priest and witnessed by two Parsis besides the priest.
  • The legal age for marriage is at least 21 years for males and 18 years for females.
• Children born from a marriage deemed invalid under these conditions are still considered legitimate.
• Section 4: Prohibits remarriage during the lifetime of a spouse unless:
  • A lawful divorce has been obtained.
  • The earlier marriage has been legally annulled or dissolved.
  • Any marriage in breach of this rule is automatically void.
• Section 5: Penalises bigamy:
  • If a Parsi marries again during the lifetime of their spouse without a lawful divorce or annulment, they are liable for punishment under Sections 494 and 495 of the Indian Penal Code.
• Section 6: Requires official certification and registration of every marriage:
  • The officiating priest must complete a marriage certificate.
  • The certificate must be signed by the priest, the couple, and two witnesses.
  • It must then be sent with a small fee to the Registrar for official recording.
• Section 7: Specifies that a Registrar will be appointed to maintain marriage records. In metropolitan areas, the appointment is done by the Chief Justice of the High Court, elsewhere by the State Government.
• Section 8: States that marriage registers are open for public inspection. Certified extracts can be obtained upon payment.
• Section 9: Directs Registrars to periodically send copies of marriage certificates to the Registrar-General of Births, Deaths and Marriages.
• Section 10: Requires that divorce decrees also be registered with the same Registrar, to be recorded in a divorce register.
• Section 11-16: Imposes penalties for:
  • Solemnising unlawful marriages (Section 11).
  • Neglecting marriage registration formalities (Section 12).
  • Omitting or falsifying marriage certificates (Sections 13-14).
  • Failing to register marriages (Section 15).
  • Destroying or altering registers (Section 16).
• Section 17: Ensures that minor procedural errors (such as mistakes in certification or registration) do not make a valid marriage invalid.

Simple Explanation:

Under this Act, a Parsi marriage must meet specific legal rules to be valid:

• Two Parsis who want to marry must not be close blood relatives, as defined by the law.
• The marriage must follow a traditional ceremony called Ashirvad, led by a Parsi priest and in front of two other Parsi witnesses.
• The groom must be at least 21 years old, and the bride must be 18 years old.
• Even if these conditions are not met, children from such a marriage will still be treated as legitimate.

A Parsi cannot remarry if their previous spouse is alive unless they have lawfully divorced them or the marriage was annulled. If anyone breaks this rule, the second marriage is automatically invalid, and the guilty person can be punished for bigamy under the Indian Penal Code.

Every marriage must be certified and registered officially. The priest and two witnesses must sign a certificate that is then sent to the Registrar, who keeps a public marriage record. Divorce decrees must also be registered similarly.

If anyone, such as the priest, witnesses, or Registrar, neglects their duties, tries to forge documents, or hides marriage records, they can be fined or imprisoned.

Finally, if there is any small mistake or irregularity in the paperwork, it does not affect the legality of the marriage itself.

Vital Pointers to Remember:

• Close relations cannot marry; prohibited relationships are listed in Schedule I.
• Ashirvad ceremony is compulsory for a valid marriage.
• Minimum marriage age: 21 for men, 18 for women.
• Children from invalid marriages are still considered legitimate.
• Remarriage without lawful divorce or annulment is void and punishable.
• Marriage certificates must be properly completed and registered.
• Registrar is responsible for maintaining official marriage records.
• Public access to marriage registers is allowed.
• Penalties exist for neglect, false documentation, or tampering with records.
• Minor errors in paperwork do not invalidate marriages.

Parsi Matrimonial Courts

Bare Act/Law:

This part of the Parsi Marriage and Divorce Act, 1936 outlines the creation, structure, and functioning of special courts to handle matrimonial disputes among Parsis:

• Section 18: Special matrimonial courts are to be set up in the major cities like Calcutta, Madras, and Bombay, and also in other areas as necessary.
• Section 19: Courts in these Presidency towns are known as Parsi Chief Matrimonial Courts. Their authority matches the original civil jurisdiction area of the High Court. These courts are presided over by the Chief Justice or another appointed judge and assisted by five delegates for regular trials (except for temporary matters like maintenance, custody, etc.).
• Section 20: Courts outside Presidency towns are called Parsi District Matrimonial Courts. They also have jurisdiction matching the district boundaries. Here too, the Principal District Judge acts as the presiding judge, aided by five delegates.
• Section 21: The State Government has the authority to change the territorial boundaries of a District Matrimonial Court.
• Section 22: If a district has very few Parsis, it may come under the jurisdiction of the Chief Matrimonial Court instead of having a separate district court.
• Section 23: Each Matrimonial Court must have its own official seal for authenticating decrees and documents.
• Section 24: Delegates are appointed by the State Government after consulting local Parsi communities. Delegates must be Parsis and their names are published officially.
• Section 25: Delegates are appointed for a term of 10 years and can be reappointed. The State Government can replace a delegate if needed due to death, misconduct, change of religion, or incapacity.
• Section 26: All delegates are considered public servants under the Indian Penal Code.
• Section 27: Delegates involved in hearing a case must be selected by the judge in rotation from the list. Each party in the case can challenge two delegates without giving a reason.
• Section 28: All advocates and lawyers who can practise in the High Court or District Court are eligible to practise in Parsi Matrimonial Courts.
• Section 29: Matrimonial suits should be filed where the defendant lives or where the marriage took place. If the defendant has left the country or region, the suit may be filed where the couple last lived together, or where the plaintiff lives, with the court’s permission.

Simple Explanation:

The law sets up special courts to deal with Parsi marriage and divorce cases. These are called Parsi Matrimonial Courts and are found mainly in big cities like Mumbai, Chennai, and Kolkata, and in districts wherever needed.

• In big cities, the court is headed by a High Court Judge, and in smaller places by a District Court Judge.
• In both types of courts, the judge is helped by five Parsi community delegates who assist during the main hearing of cases but are not involved in temporary matters like maintenance or child custody.
• The State Government decides where the courts will be, and if needed, can change the court areas.
• Delegates, who are Parsis, are appointed officially to help judges in deciding cases. They stay for ten years and can be changed if necessary.
• Both lawyers of the High Court and District Court can represent clients in these matrimonial courts.
• Lawsuits should be filed where the defendant lives or where the marriage happened. If that is not possible, it can be filed where the couple last lived together, or where the plaintiff lives, with court approval.

The courts have official seals, and the delegates are treated like public servants under the law. Each side can reject up to two delegates without giving any reason.

Vital Pointers to Remember:

• Special Parsi Courts exist for marriage and divorce matters.
• Five delegates assist judges during trials (not for temporary matters).
• State Governments can create and manage these courts.
• Delegates are appointed for 10 years, must be Parsis, and act like public servants.
• Delegates selected in rotation, and two can be challenged by each party.
• Court jurisdiction usually depends on where the defendant lives or where the marriage took place.
• Lawyers from High and District Courts can appear in Parsi Matrimonial Courts.
• Every court must have a seal for official documents.

Matrimonial Suits

Bare Act/Law:

This section of the Parsi Marriage and Divorce Act, 1936 describes the different types of matrimonial cases Parsis can file and the grounds on which relief can be sought:

• Section 30: If the marriage has not been consummated due to natural causes making it impossible, either party can file a suit to declare the marriage null and void.
• Section 31: A marriage can be dissolved if one spouse has been absent and not heard of for seven years.
• Section 32: Lists grounds for divorce, including:
  • Refusal to consummate the marriage within one year.
  • Unsoundness of mind at the time of marriage.
  • Mental disorder making it unreasonable to expect cohabitation.
  • Pregnancy by another man before marriage.
  • Adultery, fornication, bigamy, rape, unnatural offences.
  • Cruelty or improper behaviour making continued living together unsafe.
  • Grievous hurt or venereal disease transmission.
  • Imprisonment for seven years or more.
  • Desertion for at least two years.
  • Award of separate maintenance without marital intercourse for a year.
  • Conversion to another religion.
• Section 32A: Divorce can also be granted if there is no resumption of cohabitation or restitution of conjugal rights within one year after a judicial separation or restitution decree.
• Section 32B: Allows divorce by mutual consent if the couple has lived separately for one year and agree that the marriage should end.
• Section 33: In adultery cases, the person accused of committing adultery with the spouse must be made a co-defendant, unless excused by the court.
• Section 34: A suit for judicial separation can be filed on the same grounds as divorce.
• Section 35: Courts can only grant relief if:
  • There is no collusion between parties.
  • There has been no condonation (forgiveness) of the wrongful act.
  • There is no undue delay in bringing the case.
  • No other legal barriers exist.
• Section 36: Provides for suits to restore conjugal rights if a spouse deserts or stops cohabiting without lawful cause.
• Section 37: The defendant in a suit can file a counter-claim for relief.
• Section 38: Documents that are not properly stamped or registered can still be used as evidence in suits under this Act.
• Section 39: Courts can grant temporary maintenance (alimony pendente lite) during the course of a suit if one party does not have sufficient income.
• Section 40: Courts can order permanent alimony and maintenance after the case ends, based on income, conduct, and other circumstances.
• Section 41: The court can direct alimony payments to a wife, trustee, or guardian as appropriate.
• Section 42: Courts may decide how to divide jointly owned property between husband and wife after marriage breaks down.
• Section 43: All suits must be held in camera (private) and cannot be printed or published without court permission.
• Section 44: A trial is valid as long as at least three delegates were present throughout, even if others were absent.
• Section 45: Civil Procedure Code applies to these suits. Judges must explain relevant laws to delegates.
• Section 46: Judges decide legal matters, but delegates decide facts. If delegates are equally divided, the judge decides.
• Section 47: An appeal to the High Court is allowed if there is an error in law, procedure, or investigation. It must be filed within three months.
• Section 48: Once the divorce or annulment decree is final (without appeal or after appeal dismissal), the parties are free to marry again.

Simple Explanation:

This part describes the different kinds of court cases Parsi individuals can bring related to marriage:

• If a marriage cannot physically be completed (due to natural causes), it can be annulled.
• If one spouse disappears for seven years, the marriage can be dissolved.
• Divorce can be claimed for many reasons, like:
  • Refusal to live as husband and wife.
  • Mental illness.
  • Infidelity (cheating).
  • Cruelty or violence.
  • Abandonment.
  • Long-term imprisonment.
  • Religious conversion.
• A couple can also mutually agree to end the marriage if they have lived apart for a year.
• In cases involving adultery, the other person involved must usually be included in the case.
• If a spouse deserts the other without a good reason, a case for restitution of conjugal rights can be filed to make them come back.
• Both husband and wife can counter-sue each other in the same case.
• Temporary financial support can be granted while the case is going on, and permanent maintenance can be decided at the end.
• The court also deals with joint property division and child custody issues.
• Privacy is strictly maintained during court proceedings.
• Delegates help judges in deciding factual issues, and appeals are allowed only for serious legal errors.

Once a divorce is final, the parties are free to marry again.

Vital Pointers to Remember:

• Nullity, dissolution, divorce, judicial separation, and restitution of rights are the main matrimonial suits.
• Grounds for divorce include infidelity, mental illness, cruelty, desertion, long imprisonment, conversion, etc.
• Mutual consent divorce is available after living separately for one year.
• Courts can grant alimony during and after the case.
• Delegates decide facts, judges decide law.
• Appeals to High Court must be made within three months.
• Proceedings are private and cannot be published without permission.
• Divorcees can remarry after decree finalization.

Children Of The Parties

Bare Act/Law:

This part of the Parsi Marriage and Divorce Act, 1936 focuses on matters related to the custody, maintenance, and education of children when their parents are involved in matrimonial disputes:

• Section 49: During a matrimonial suit or after it concludes, the court can:
  • Make interim (temporary) and final orders regarding the custody, maintenance, and education of children who are under eighteen years old.
  • Modify, revoke, or update these orders based on new circumstances.
  • Petitions for maintenance and education during the suit must ideally be decided within sixty days after notice is served to the other party.
• Section 50: If a divorce or judicial separation is granted because of the wife’s adultery, and she owns property (either immediately or due to inheritance or future entitlement), the court can:
  • Order that up to half of her property be settled for the benefit of the children from the marriage.

Simple Explanation:

When parents are fighting in court for divorce or separation, children’s well-being is a major concern.

The court can:

• Decide who the child will live with (custody).
• Make sure the child gets proper financial support (maintenance).
• Ensure the child’s education is taken care of.

These decisions can be made temporarily during the case or permanently after the case ends. Either parent can ask the court to change earlier decisions if situations change later (like one parent moving to another city or improving financially).

The court aims to decide maintenance and education matters for the children quickly—ideally within sixty days.

Also, if the wife was found guilty of adultery, and she owns or inherits property, the court can use up to half of that property to ensure the children’s welfare.

Vital Pointers to Remember:

• Court ensures custody, maintenance, and education of children under eighteen years.
• Orders can be made temporarily during the case and changed later if needed.
• Speedy decisions on children’s maintenance and education (within sixty days if possible).
• Up to half of an adulterous wife’s property may be reserved for the children’s benefit.

Miscellaneous

Bare Act/Law:

The final part of the Parsi Marriage and Divorce Act, 1936 covers general administrative and legal matters connected to the operation of the Act:

• Section 51: The High Court has the power of supervision (superintendence) over all Parsi Matrimonial Courts, just like it does over regular courts, under Article 227 of the Constitution of India.
• Section 52: Explains the applicability of the Act:
  • The rules of this Act apply to all suits, even if the events happened before the Act was passed.
  • Cases pending at the time the Act came into force can be amended to follow the new rules.
  • A Parsi remains subject to this Act even if they change their religion or domicile, as long as their marriage contracted under this or the earlier 1865 Act is still legally valid and not dissolved.
• Section 53: This section has been repealed and is no longer in effect.

Simple Explanation:

This part discusses general rules about how the law works and who controls it:

• The High Court is in charge of supervising the special courts created for Parsi marriages and divorces, making sure they follow the correct rules.
• The law applies to all relevant cases, even if the problems started before this law existed. It also allows old cases to adjust their paperwork if necessary.
• If a Parsi person marries under the Parsi Marriage laws and later changes their religion or moves to another country, they must still follow the rules of this Act until the marriage ends legally.

Section 53 has been removed from the law, so it no longer applies.

Vital Pointers to Remember:

• High Court supervises all Parsi Matrimonial Courts.
• The Act applies to cases before and after it started.
• Change of religion or domicile does not release a Parsi from obligations under this Act.
• Section 53 has been repealed.