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Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "c83d7ae2536b1422148cff54801fada6a50ddf2adc8452f23d12964588f0ac52", "source_sha256": "c83d7ae2536b1422148cff54801fada6a50ddf2adc8452f23d12964588f0ac52", "text_version_id": "law:pk-code-2c99cadf73ea87f1:sha256:c83d7ae2536b1422148cff54801fada6a50ddf2adc8452f23d12964588f0ac52", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 16 \r\n \r\n \r\n \r\n \r\n \r\nTHE PARSI MARRIAGE AND DIVORCE ACT, 1936 \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n \r\nPART I. \r\n \r\nPRELIMINARY \r\n \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nPART II. \r\n \r\nMARRIAGES BETWEEN PARSIS \r\n3. Requisites to validity of parsi marriages \r\n4. Remarriage when unlawful \r\n5. Punishment of bigamy \r\n6. Certificate and registry of marriage \r\n7. Appointment of Registrar \r\n8. Marriage registers to be open for public inspection \r\n9. Copy of certificate to be sent to Registrar­General of Births, Deaths and Marriages \r\n10. Registration of divorces \r\n11. Penalty for solemnizing marriage contrary to section 4 \r\n12. Penalty for priest's neglect of requirements of section 6 \r\n13. Penalty for omitting to subscribe and attest certificate \r\n \r\n \r\n\r\n \r\nPage 2 of 16 \r\n \r\n14. Penalty for making, etc., false certificate \r\n15. Penalty for failing to register certificate \r\n16. Penalty for secreting, destroying or altering register \r\n17. Formal irregularity not to invalidate marriage \r\nPART III. \r\n \r\nPARSI MATRIMONIAL COURTS \r\n18. Constitution of special Courts under the Act \r\n19. Omitted \r\n20. Parsi District Matrimonial Courts \r\n21. Power to alter territorial jurisdiction of District Courts \r\n22. Omitted \r\n23. Court seals \r\n24. Appointment of delegates \r\n25. Power to appoint new delegates \r\n26. Delegates to be deemed public servants \r\n27. Selection of delegates under section 20 to be from those appointed under section \r\n28. Practitioners in Matrimonial Courts \r\n29. Court in which Suits to be brought \r\nPART IV. \r\n \r\nMATRIMONIAL SUITS \r\n30. Suits for nullity \r\n31. Suits for dissolution \r\n32. Grounds of divorce \r\n33. Joining of co­defendant \r\n34. Suits for judicial separation \r\n35. Decrees in certain suits \r\n \r\nPage 3 of 16 \r\n \r\n36. Suit for restitution of conjugal rights \r\n37. Counter­claim by defendant for any relief \r\n38. No suit to be brought to enforce marriage or contract arising out of marriage when \r\n husband is under sixteen or wife under fourteen years \r\n39. Alimony pendente lite \r\n40. Permanent alimony \r\n41 Payment of alimony to wife or to her trustee \r\n42. Disposal of joint property \r\n43. Suits may be heard with closed doors \r\n44. Validity of trial \r\n45. Provisions of civil procedure code to apply to suits under the Act \r\n46. Determination of questions of law and procedure and of fact \r\n47. Appeal to High Court \r\n48. Liberty to parties to marry again \r\nPART V. \r\n \r\nCHILDREN OF THE PARTIES \r\n49. Custody of children \r\n50. Settlement of wife's property for benefit of children \r\nPART VI. \r\n \r\nMISCELLANEOUS \r\n51. Superintendence of High Court \r\n52. Applicability of provisions of the Act \r\n53. Repeal \r\nSCHEDULE I. \r\n \r\nTable of prohibited degrees of consanguinity and affinity \r\n \r\nSCHEDULE II. \r\nCertificate of Marriage\r\n \r\nPage 4 of 16 \r\n \r\nTHE PARSI MARRIAGE AND DIVORCE ACT, 1936 \r\n \r\nACT No. III OF 1936 \r\n [23rd April, 1936] \r\n \r\nAn Act to amend the law relating to marriage and divorce among Parsis. \r\n \r\n WHEREAS it is expedient to amend the law relating to marriage and divorce among Parsis; \r\nIt is hereby enacted as follows:— \r\nI.— PRELIMINARY \r\n \r\n 1. Short title, extent and commencement. __ (1) This Act may be called the Parsi Marriage \r\nand Divorce Act, 1936. \r\n \r\n 1[(2) It extends to the whole of Pakistan.] \r\n \r\n (3) It shall come into force on such date as the 2[Federal Government] may, by notification in \r\nthe 3[Official Gazette], appoint. \r\n \r\n 2. Definitions. In this Act, unless there is anything repugnant in the subject or context,— \r\n \r\n(1) “Chief Justice” includes senior Judge; \r\n \r\n(2) “Court” means a Court constituted under this Act; \r\n \r\n (3) to “desert”, together with its grammatical variations and cognate expressions, \r\nmeans to desert the other party to a marriage without reasonable cause and \r\nwithout the consent, or against the will, of such party ; \r\n \r\n (4) “grievous hurt” means— \r\n \r\n(a) emasculation; \r\n \r\n(b) Permanent privation of the sight of either eye; \r\n \r\n(c) permanent privation of the hearing of either ear ; \r\n \r\n(d) privation of any member or joint ; \r\n \r\n(e) destruction or permanent impairing of the powers of any member or joint \r\n; \r\n \r\n(f) permanent disfiguration of the head or face; or \r\n \r\n(g) any hurt which endangers life ; \r\n \r\n \r\n \r\n \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. \r\n2Subs. by F. A. O. 1975, Art. 2and Table. \r\n3Subs, by A.O., 1937. \r\n \r\nPage 5 of 16 \r\n \r\n (5) “husband” means a Parsi husband ; \r\n \r\n (6) “marriage\" means a marriage between Parsis whether contracted before or after \r\n the commencement of this Act ; \r\n \r\n (7) a “Parsi” means a Parsi Zoroastrian ; \r\n \r\n (8) “priest” means a Parsi priest and includes Dastur and Mobed ; and \r\n \r\n (9) “wife” means a Parsi wife. \r\n \r\nII.—MARRIAGES BETWEEN PARSIS \r\n \r\n 3. Requisites to validity of Parsi marriages. No marriage shall be valid if— \r\n \r\n(a) the contracting parties are related to ea ch other in any of the degrees of \r\nconsanguinity or affinity set forth in Schedule I ; or \r\n \r\n(b) such marriage is not solemnized according to the Parsi form of ceremony \r\ncalled “Ashirvad” by a priest in the presence of two Parsi witnesses other than \r\nsuch priest ; or \r\n \r\n(c) in the case of any Parsi (whether such Parsi has chan ged his or her religion or \r\ndomicile or not) who has not completed the age of twenty -one years, the \r\nconsent of his or her father or guardian has not been previously given to such \r\nmarriage. \r\n \r\n 4. Remarriage when unlawful .— (1) No Parsi (whether such Parsi has changed his or her \r\nreligion or domicile or not) shall contract any marriage under this Act or any other law in the lifetime \r\nof his or her wife or husband, whether a Parsi or not, except af ter his or her lawful divorce from such \r\nwife or husband or after his or her marriage with such wife or husband has lawfully been declared \r\nnull and void or dissolved, and, if the marriage was contracted with such wife or husband under the \r\nParsi Marriage and Divorce Act, 1865 (XV of 1865) or under this Act, except after a divorce, \r\ndeclaration or dissolution as aforesaid under either of the said Acts. \r\n \r\n (2) Every marriage contracted contrary to the provisions of sub-section (1) shall be void. \r\n \r\n 5. Punishment of bigamy. Every Parsi who during the lifetime of his or her wife or husband, \r\nwhether a Parsi or not, contracts a marriage without having been lawfully divorced from such wife or \r\nhusband, or without his or her marriage with such wife or husband having leg ally been declared null \r\nand void or dissolved, shall be subject to the penalties provided in sections 494 and 495 of the \r\nPakistan Penal Code for the offence of marrying again during the lifetime of a husband or wife. \r\n \r\n 6. Certificate and registry of marria ge. Every marriage contracted under this Act shall, \r\nimmediately on the solemnization thereof, be certified by the officiating priest in the form contained \r\nin Schedule II. The certificate shall be signed by the said priest, the contracting parties, or thei r \r\nfathers or guardians when they shall not have completed the age of twenty -one years, and two \r\nwitnesses present at the marriage; and the said priest shall thereupon send such certificate together \r\nwith a fee of two rupees to be paid by the husband to the Registrar of the place at which such \r\nmarriage is solemnized. The Registrar on receipt of the certificate and fee shall enter the certificate in \r\na register to be kept by him for that purpose and shall be entitled to retain the fee. \r\n \r\n \r\nPage 6 of 16 \r\n \r\n 7. Appointment of Regis trar. For the purposes of this Act a Registrar shall be appoin ted. \r\nWithin the local limits of the ordinary original civil jurisdic tion of a High Court, the Registrar shall \r\nbe appointed by the Chief Justice of such Court, and without such limits, by the 1[Provincial \r\nGovernment]. Every Registrar so appointed may be removed by the Chief Justice or 1[Provincial \r\nGovernment] appointing him. \r\n \r\n 8. Marriage registers to be open for public inspection. The register of marriages \r\nmentioned in section 6 shall, at all reasonable times, be open for inspection, and certified ex tracts \r\ntherefrom shall, on application, be given by the Registrar on payment to him by the applicant of two \r\nrupees for each such ex tract. Every such register shall be evidence of the truth of the statements \r\ntherein contained. \r\n \r\n 9. Copy of certificate to be sent to Registrar -General of Births, Deaths and Marriages. \r\nEvery Registrar, 2[* * * ], shall, at such intervals as the 1[Provincial Government] by which he was \r\nappointed from time to time directs, send to the Registrar -General of Births, Deaths and Marriages \r\nfor the territories administered by such 1[Provincial Government] a true copy certified by him in such \r\nform as such 1[Provincial Government] from time to time prescribes, of all certificates e ntered by \r\nhim in the said register of marriages since the last of such intervals. \r\n \r\n 10. Registration of divorces. When a Court passes a decree for divorce, nullity or \r\ndissolution, the Court shall send a copy of the decree for registra tion to the Registrar of Marriages \r\nwithin its jurisdiction appointed under section 7 ; the Registrar shall enter the same in a register to be \r\nkept by him for the purpose, and the provisions of Part II applicable to the Registrars and registers of \r\nmarriages shall be applicable, so far as may be, to the Registrars and registers of divorces and \r\ndecrees of nullity and dissolution. \r\n \r\n 11. Penalty for solemnizing marriage contrary to section 4. Any priest knowingly and \r\nwillfully solemnizing any marriage contrary to and in violation of section 4 shall, on con viction \r\nthereof, be punished with simple imprisonment for a term which may extend to six months, or with \r\nfine which may extend to two hundred rupees, or with both. \r\n \r\n 12. Penalty for P riest’s neglect of requirements of sec tion 6. Any priest neglecting to \r\ncomply with any of the requisi tions affecting him contained in section 6 shall, on conviction thereof, \r\nbe punished for every such offence with simple imprison ment for a term which may extend to three \r\nmonths, or with fine which may extend to one hundred rupees, or with both. \r\n \r\n 13. Penalty for omitting to subscribe and attest certifi cate. Every other person required by \r\nsection 6 to subscribe or attest the said certificate who shall wil fully omit or neglect so to do, shall, \r\non conviction thereof, be punished for every such offence with a fine not exceeding one hundred \r\nrupees. \r\n \r\n 14. Penalty for making, etc., false certificate. Every person making or signing or attesting \r\nany such certificate containing a statement which is false, and wh ich he either knows or believes to \r\nbe false, shall be punished with simple imprisonment for a term which may extend to three months, \r\nor with fine which may extend to one hundred rupees, or with both ; and if the act amounts to forgery \r\nas defined in the Pak istan Penal Code (XLV of 1860), then such person shall also be liable, on \r\nconviction thereof, to the penalties provided in section 466 of the said Code. \r\n \r\n \r\n1Subs. by A. O., 1937, for “L. G.” \r\n2Omitted by A. O., 1949. \r\n \r\nPage 7 of 16 \r\n \r\n 15. Penalty for failing to register cert ificate. Any Registrar failing to enter the said \r\ncertificate pursuant to section 6 shall be punished with simple imprisonment for a term which may \r\nextend to one year, or with fine which may extend to one thousand rupees, or with both. \r\n \r\n 16. Penalty for secreting, destroying or altering register. Any person secreting, destroying, \r\nor dishonestly or fraudulently altering the said register in any part thereof, shall be punished with \r\nimprisonment of either description as defined in the Pakistan Penal Code (XLV of 1860) for a term \r\nwhich may extend to two years, or if he be a Registrar, for a term which may extend to five years and \r\nshall also be liable to fine which may extend to five hundred rupees. \r\n \r\n 17. Formal irregularity not to invalidate marriage. No marriage contracted under this Act \r\nshall be deemed to be invalid solely by reason of the fact that it was not certified under section 6, or \r\nthat the certificate was not sent to the Registrar, or that the certificate was defective, irregular or \r\nincorrect. \r\n \r\nIII.— PARSI MATRIMONIAL COURTS \r\n \r\n 18. Constitution of Special Courts under the Act. For the purpose of hearing suits under \r\nthis Act, a special Court shall be constituted in 1[such] places in the territories of the 2[*] 3[Provincial \r\nGovernments] as such Governments respectively shall think fit. \r\n \r\n 19. [Parsi Chief Matrimonial Courts.] Omitted by A. O., 1949. \r\n \r\n 20. Parsi District Matrimonial Courts. Every Court so constituted 4[* * *] shall be entitled \r\nthe Parsi District Matrimonial Court 4[of the place at which it is cons tituted]. Subject to the \r\nprovisions contained in section 21, the local limits of the jurisdiction of such Court shall be conter -\r\nminous with the limits of the district in which it is held. The Judge of the principal Court of original \r\ncivil jurisdiction at such place shall be the Judge of such Matrimonial Court, and in the trial of cases \r\nunder this Act he shall be aided by seven delegates. \r\n \r\n 21. Power to alter territorial jurisdiction of District Courts. The 3[Provincial \r\nGovernment] may from time to time alter the local limits of the jurisdiction of any Parsi District \r\nMatrimonial Court, and may include within such limits any number of districts under its government. \r\n \r\n 22. [Certain districts to be within jurisdiction of the Chief Matrimonial Court. ] Omitted by A. \r\nO., 1949. \r\n \r\n 23. Court seals. A seal shall be made for every Court constituted under this Act, and all \r\ndecrees and orders and copies of decrees and orders of such Court shall be sealed with such seal, \r\nwhich shall be kept in the custody of the presiding judge. \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by A. O., 1949. \r\n2Omitted by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. \r\n3Subs. by A. O., 1937. \r\n4Omitted and subs. by A. O., 1949. \r\n \r\n \r\nPage 8 of 16 \r\n \r\n 24. Appointment of delegates.__ (1) The 1[Provincial Governments] shall, in 2[* * *] districts \r\nsubject to their respective governments, respectively appoint persons to be delegates to aid in the \r\nadjudication of cases arising under this Act, after giving the local Parsis an opportunity of expressing \r\ntheir opinion in such manner as the respective Governments may think fit. \r\n \r\n (2) The persons so appointed shall be Parsis, their names shall be published in the 3[official \r\nGazette] and their number shall, within the local limits of the ordinary original civil jurisdi ction of a \r\nHigh Court, be not more than thirty, and in districts beyond such limits, not more than twenty. \r\n \r\n 25. Power to appoint new delegates. The appointment of a delegate shall be for ten years ; \r\nbut he shall be eligible for reappointment for the like term or terms. Whenever a delegate shall die, or \r\nhave completed his term of office, or be desirous of relinquishing his office, or refuse or become in -\r\ncapable or unfit to act, or cease to be a Parsi, or be convicted of an offence under the Pakistan Penal \r\nCode (XLV of 1860) or other law for the time being in force, or be adjudged insolvent, then and so \r\noften the 1[Provincial Government] may appoint any person being a Parsi to be a delegate in his \r\nstead ; and the name of the person so appointed shall be published in the 3[official Gazette]. \r\n \r\n 26. Delegates to be deemed public servants. All delegates appointed under this Act shall be \r\nconsidered to be public servants within the meaning of the Pakistan Penal Code (XLV of 1860). \r\n \r\n 27. Selection of delegates unde r section 20 to be from those appointed under section 24. \r\nThe delegates selected under 5[section 20] to aid in the adjudication of suits under this Act, shall be \r\ntaken under the orders of the presiding Judge of the Court in due rotation from the delegates \r\nappointed by the 4[Provincial Government] under section 24: \r\n \r\n Provided that each party to the suit may, without cause assigned, challenge any three of the \r\ndelegates attending the Court before such delegates are selected and no delegate so challenged shall \r\nbe selected. \r\n \r\n 28. Practitioners in Matrimonial Courts. All legal practitioners entitled to practice in a \r\nHigh Court shall be entitled to practice in any Court constituted under this Act, and all legal \r\npractitioners entitled to practice in a District Court shall be entitled to practice in any Parsi District \r\nMatrimonial Court constituted under this Act. \r\n \r\n 29. Court in which suits to be brought. __(1) All suits instituted under this Act shall be \r\nbrought in the Court within the limits of whose jurisdiction the defendant resides at the time of the \r\ninstitution of the suit. \r\n \r\n (2) When the defendant shall at such time have left 5[Pakistan] such suit shall be brought in \r\nthe Court at the place where the plaintiff and defendant last resided together. \r\n \r\n (3) In any case, whether the defendant resides in 5[Pakistan] or not, such suit may be brought \r\nin the Court at the place where the plaintiff resides or at the place where the plaintiff and the \r\ndefendant last resided together, if such Court, after recording its reasons in writing, grants leave so to \r\ndo. \r\n \r\n1Subs. by A. O., 1937. \r\n2Omitted by A. O., 1949. \r\n3Subs. by A. O., 1937. \r\n4Subs. by A. O., 1949. \r\n5Subs. By the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. \r\n \r\n \r\nPage 9 of 16 \r\n \r\nIV.—MATRIMONIAL SUITS \r\n \r\n 30. Suit s for nullity. In any case in which consummation of the marriage is from natural \r\ncauses impossible, such marriage may, at the ins tance of either party thereto, be declared to be null \r\nand void. \r\n \r\n 31. Suits for dissolution. If a husband or wife shall have b een continually absent from his or \r\nher wife or husband for the space of seven years, and shall not have been heard of as being alive \r\nwithin that time by those persons who would have naturally heard of him or her, had he or she been \r\nalive, the marriage of such husband or wife may, at the instance of either party thereto, be dissolved. \r\n \r\n 32. Grounds for divorce. Any married person may sue for divorce on any one or more of the \r\nfollowing grounds, namely:— \r\n \r\n(a) that the marriage has not been consummated within o ne year after its \r\nsolemnization owing to the willful refusal of the defendant to consummate it ; \r\n \r\n(b) that the defendant at the time of the marriage was of unsound mind and has \r\nbeen habitually so up to the date of the suit: \r\n \r\n Provided that divorce shall no t be granted on this ground, unless the \r\nplaintiff (1) was ignorant of the fact at the time of the marriage, and (2) has \r\nfiled the suit within three years from the date of the marriage; \r\n \r\n(c) that the defendant was at the time of marriage pregnant by some pe rson other \r\nthan the plaintiff: \r\n \r\n Provided that divorce shall not be granted on this ground, unless (1) \r\nthe plaintiff was at the time of the marriage ignorant of the fact alleged, (2) the \r\nsuit has been filed within two years of the date of marriage, and (3) marital \r\nintercourse has not taken place after the plaintiff came to know of the fact ; \r\n \r\n(d) that the defendant has since the marriage committed adultery or fornication or \r\nbigamy or rape or an unnatural offence: \r\n \r\n Provided that divorce shall not be granted on this ground if the suit has \r\nbeen filed more than two years after the plaintiff came to know of the fact ; \r\n \r\n(e) that the defendant has since the marriage voluntarily caused grievous hurt to \r\nthe plaintiff or has infected the plaintiff with venereal dis ease or, where the \r\ndefendant is the husband, has compelled the wife to submit her self to \r\nprostitution; \r\n \r\n Provided that divorce shall not be granted on this ground if the suit has \r\nbeen filed more than two years (i) after the infliction of the grievous hurt , or \r\n(ii) after the plaintiff came to know of the infection, or (iii) after the last act of \r\ncompulsory prostitution ; \r\n \r\n(f) that the defendant is undergoing a sentence of imprisonment for seven years or \r\nmore for an offence as defined in the Pakistan Penal Code (XLV of 1860) : \r\n \r\nPage 10 of 16 \r\n \r\n \r\n Provided that divorce shall not be granted on this ground, unless the \r\ndefendant has prior to the filing of the suit undergone at least one year’s \r\nimprisonment out of the said period; \r\n \r\n(g) that the defendant has deserted the plaintiff for at least three years ; \r\n \r\n(h) that a decree or order for judicial separation has been passed against the \r\ndefendant, or an order has been passed against the defendant by a Magistrate \r\nawarding separate maintenance to the plaintiff, and the parties have not had \r\nmarital intercourse for three years or more since such decree or order ; \r\n \r\n(i) that the defendant has failed to comply with a decree for restitution of \r\nconjugal rights for a year or more ; and \r\n \r\n(j) that the defendant has ceased to be a Parsi: \r\n \r\n Provided that divorce shall not be granted on this around if the suit has \r\nbeen filed more than two years after the plaintiff came to know of the fact. \r\n \r\n 33. Joining of co -defendant. In every such suit for divorce on the ground of adul tery, the \r\nplaintiff shall, unless the Court shall otherwise order, make the person with whom the adultery is \r\nalleged to have been committed a co -defendant, and in any such suit by the husband the Court may \r\norder the adulterer to pay the whole or any part of the costs of the proceedings. \r\n \r\n 34. Suits for judicial separation. Any married person may sue for judicial separation on any \r\nof the grounds for which such person could have filed a suit for divorce, or on the ground that the \r\ndefendant has been guilty of such cruelty to him or her or their children, or has used such personal \r\nviolence, or has behaved in such a way as to render it in the judgment of the Court improper to \r\ncompel him or her to live with the defendant. \r\n \r\n 35. Decrees in certain suits. In any suit under section 30, 31, 32 or 34, whether de fended or \r\nnot, if the Court be satisfied that any of the grounds set forth in those sections for granting relief \r\nexist, that none of the grounds therein set forth for withholding relief exist and that__ \r\n \r\n(a) the act or omission set forth in the plaint has not been condoned; \r\n \r\n(b) the husband and wife are not colluding together ; \r\n \r\n(c) the plaintiff has not connived at or been accessory to the said act or omission ; \r\n \r\n(d) (save where a definite period of limitation is provided by this Act) there has \r\nbeen no unnecessary or improper delay in instituting the suit ; and \r\n \r\n(e) there is no other legal ground why relief should not be granted ; \r\n \r\n then and in such case, but not otherwise, the Court shall decree such relief accordingly. \r\n \r\n 36. Suit for restitution of conjugal rights. Where a husband shall have deserted or without \r\nlawful cause ceased to cohabit with his wife, or where a wife shall have deserted or without lawful \r\n \r\nPage 11 of 16 \r\n \r\ncause ceased to cohabit with her husband, the party so deserted or with whom cohabitation shall have \r\nso ceased may sue for the restitution of his or her conjugal rights and the Court, if satisfied of the \r\ntruth of the allegations contained in the plaint, and that there is no just ground why relief should not \r\nbe granted, may proceed to decree such restitution of conjugal rights accordingly. \r\n \r\n 37. Counter-claim by defendant for any relief. In any suit under this Act, the defendant \r\nmay make a counter-claim for any relief he or she may be entitled to under this Act. \r\n \r\n 38. No suit to be brought to enforce marriage or contract arising out of marriage when \r\nhusband is under six teen or wife under fourteen years. Notwithstanding anything hereinbefore \r\ncontained, no suit shall be brought in any Court to enforce any marriage or any contract conn ected \r\nwith or arising out of any marriage, if, at the date of the institution of the suit, the husband shall not \r\nhave completed the age of sixteen years, or the wife shall not have com pleted the age of fourteen \r\nyears. \r\n \r\n 39. Alimony pendente lit e. In any s uit under this Act if the wife shall not have an \r\nindependent income sufficient for her support and the necessary expenses of the suit, the Court, on \r\nthe application of the wife, may order the husband to pay her monthly or weekly during the suit such \r\nsum not exceeding one-fifth of her husband’s net income as the Court, considering the circumstances \r\nof the parties, shall think reasonable. \r\n \r\n 40. Permanent alimony.— (1) The Court may, if it shall think fit at the time of passing any \r\ndecree under this Act or subsequently thereto on application made to it for the purpose, order that the \r\nhusband shall 1[while the wife remains chaste and unmarried],___ \r\n \r\n(a) to the satisfaction of the Court, secure to the wife 1[* * * ] such gross sum or \r\nsuch monthly or periodical pay ment of money for a term not exceeding her \r\nlife as, having regard to her own property, if any, her hus band’s ability and the \r\nconduct of the parties, shall be deemed just, and for that purpose may require a \r\nproper instrument to be executed by all necessar y parties and suspend the \r\npronouncing of its decree until such instruments shall have been duly \r\nexecuted, or \r\n \r\n(b) make such monthly payments t o the wife for her maintenance a nd support as \r\nthe Court may think reasonable. \r\n \r\n In case any such order shall not be obeyed by her husband it may be enforced in the manner \r\nprovided for the execution of decrees and orders under the Code of Civil Procedure, 1908 (V of \r\n1908), and further the husband may be sued by any person supplying the wife with necessaries \r\nduring the time of such disobedience for the price of such necessaries. \r\n \r\n (2) The Court, if satisfied that there is a change in the cir cumstances of either party at any \r\ntime, may at the instance of either party vary, modify or rescind such order in such manner as the \r\nCourt may deem just. \r\n \r\n 1[(3) Where an order for alimony or maintenance in favor of a wife has been made either \r\nunder the provisions of the Parsi Marriage and Divorce Act, 1865, or under the provisions of this \r\nAct, the Court, if satisfied that the wife has remarried or has not remained chaste, shall vary or \r\nrescind the order.] \r\n \r\n \r\n \r\n1Ins. and omitted by Act No. XIV of 1940, s. 3. \r\n \r\nPage 12 of 16 \r\n \r\n 41. Payment of alimony to wife or to her trustee. In all cases in which the Court shall make \r\nany decree or order for alimony it may direct the same to be paid either to the wife herself, or to any \r\ntrustee on her behalf to be approved by the Court, and may impose any terms or restrictions which to \r\nthe Court may seem expedient, and may from time to time appoint a new t rustee, if for any reason it \r\nshall appear to the Court expedient so to do. \r\n \r\n 42. Disposal of joint property. In any suit under this Act the Court may make such \r\nprovisions in the final decree as it may deem just and proper with respect to property presented at or \r\nabout the time of marriage which may belong jointly to both the husband and wife. \r\n \r\n 43. Suits may be heard with closed doors. In every suit preferred under this Act, the case \r\nshall be tried with closed doors should such be the wish of either of the parties. \r\n \r\n 44. Validity of trial. Notwithstanding anything contained in section 19 or section 20, where \r\nin the case of a trial in a Parsi Matrimonial Court not less than five delegates have attended \r\nthroughout the proceedings, the trial shall not be invali d by reason of the absence during any part \r\nthereof of the other delegates. \r\n \r\n 45. Provisions of Civil Procedure Code to apply to suits under the Act. The provisions of \r\nthe Code of Civil Procedure, 1908 (V of 1908), shall, so far as the same may be applicabl e, apply to \r\nproceedings in suits instituted under this Act including proceedings in execu tion and orders \r\nsubsequent to decree. \r\n \r\n 46. Determination of questions of law and procedure and of fact. In suits under this Act \r\nall questions of law and procedure shall be determined by the presiding judge; but the decision on the \r\nfacts shall be the decision of the majority of the delegates before whom the case is tried: \r\n \r\n Provided that, where such delegates are equally divided in opinion, the decision on the facts \r\nshall be the decision of the presiding judge. \r\n \r\n 47. Appeal to High Court. An appeal shall lie to the High Court from__ \r\n \r\n(a) the decision of any Court established under this Act, 1[* * *] on the ground of \r\nthe decision being contrary to some law or usage having the force of law, or of \r\na substantial error or defect in the procedure or inves tigation of the case which \r\nmay have produced error or defect in the decision of the case upon the merits, \r\nand on no other ground ; and \r\n \r\n(b) the granting of leave by any such Court under sub-section (3) of section 29: \r\n \r\n Provided that such appeal shall be instituted within three calendar \r\nmonths after the decision appealed from shall have been pronounced. \r\n \r\n 48. Liberty to parties to marry again. When the time hereby limited fo r appealing against \r\nany decree granting a divorce or annulling or dissolving a marriage shall have expired, and no appeal \r\nshall have been presented against such decree, or when any such appeal shall have been dismissed, or \r\nwhen in the result of any appeal a divorce has been granted or a marriage has been declared to be \r\nannulled or dis solved, but not sooner, it shall be lawful for the respective parties thereto to marry \r\nagain, as if the prior marriage had been terminated by death. \r\n1Omitted by A.O., 1949. \r\n \r\nPage 13 of 16 \r\n \r\nV.—CHILDREN OF THE PARTIES \r\n 49. Custody of children. In any suit under this Act, the Court may from time to time pass \r\nsuch interim orders and make such provisions in the final decree as it may deem just and proper with \r\nrespect to the custody, maintenance a nd education of the children under the age of six teen years, the \r\nmarriage of whose parents is the subject of such suit, and may, after the final decree upon \r\napplication, by petition for this purpose, make, revoke, suspend or vary from time to time all suc h \r\norders and provisions with respect to the custody, main tenance and education of such children as \r\nmight have been made by such final decree or by interim orders in case the suit for obtain ing such \r\ndecree were still pending. \r\n \r\n 50. Settlement of wife’s pr operty for benefit of children. In any case in which the Court \r\nshall pronounce a decree of divorce or judicial separation for adultery of the wife, if it shall be made \r\nto appear to the Court that the wife is entitled to any property either in possession or reversion, the \r\nCourt may order such settlement as it shall think reasonable to be made of any part of such property, \r\nnot exceeding one-half thereof, for the benefit of the children of the marriage or any of them. \r\n \r\nVI.__ MISCELLANEOUS \r\n \r\n 1[51. Superintendence of High Court. The High Court shall have superintendence over, and \r\nrule-making power in respect of all Courts constituted under this Act subject to its appellate \r\njurisdiction in the same manner as it has over and in respect of other Courts under 2[Articles 202 and \r\n203 of the Constitution.] \r\n \r\n 52. Applicability of provisions of the Act. __ (1) The provisions of this Act shall apply to all \r\nsuits to which the same are applicable whether the circumstances relied on occurred before or after \r\nthe passing of this Act, and whether any decree or order referred to was passed under this Act or \r\nunder the law in force before the passing of this Act, and where any proceedings are pending in any \r\nCourt at the time of the commence ment of this Act, the Court shall allow such amendment of the \r\npleadings as may be necessary as the result of the coming into operation of this Act. \r\n \r\n (2) A Parsi who has contracted a marriage under the Parsi Marriage and Divorce Act, 1865 \r\n(XV of 1865), or under this Act, even though such Parsi may c hange his or her religion or domicile, \r\nso long as his or her wife or husband is alive and so long as such Parsi has not been lawfully \r\ndivorced from such wife or husband or such marriage has not lawfully been declared null and void or \r\ndissolved under the decree of a competent Court under either of the said Acts, shall remain bound by \r\nthe provisions of this Act. \r\n \r\n 53. 3[Repealed.] \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by A. O.,1964 Art. 2 and Sch. \r\n2Subs. by F.A.O., 1975, Art.2 and Sch. \r\n3Rep. by the Repealing and Amending Act, 1937 (XX of 1937), s. 3 and Sch. II. \r\n \r\n \r\n \r\n \r\nPage 14 of 16 \r\n \r\nSCHEDULE I \r\n(See section 3) \r\n \r\nTable of prohibited degrees of consanguinity and affinity \r\n \r\n A man shall not marry his__ \r\n \r\n1. Paternal grand-father’s mother. \r\n2. Paternal grand-mother’s mother. \r\n3. Maternal grand-father’s mother. \r\n4. Maternal grand-mother’s mother. \r\n5. Paternal grand-mother. \r\n6. Paternal grand-father’s wife. \r\n7. Maternal grand-mother. \r\n8. Maternal grand-father’s wife. \r\n9. Mother or step-mother. \r\n10. Father’s sister or step-sister. \r\n11. Mother’s sister or step-sister. \r\n12. Sister or step-sister. \r\n13. Brother’s daughter or step -brother's daughter, or any direct lineal descendant of a brother or \r\n step-brother. \r\n14. Sister’s daughter or step -sister's daughter, or any direct lineal descendant of a sister, or \r\n step-sister. \r\n15. Daughter or step-daughter, or any direct lineal descendant of either. \r\n16. Son's daughter or step-son’s daughter, or any direct lineal descendant of a son or step-son. \r\n17. Wife of son or step-son, or of any direct lineal descendant of a son or step-son. \r\n18. Wife of daughter’s son or of step -daughter's son, or of any direct lineal descendant of a \r\n daughter or step-daughter. \r\n19. Mother of daughter’s husband. \r\n20. Mother of son’s wife. \r\n21. Mother of wife’s paternal grand-father. \r\n22. Mother of wife’s paternal grand-mother. \r\n23. Mother of wife’s maternal grand-father. \r\n24. Mother of wife’s maternal grand-mother. \r\n25. Wife’s paternal grand-mother. \r\n26. Wife’s maternal grand-mother. \r\n \r\nPage 15 of 16 \r\n \r\n27. Wife’s mother or step-mother. \r\n28. Wife’s father’s sister. \r\n29. Wife’s mother’s sister. \r\n30. Father’s brother’s wife. \r\n31. Mother’s brother’s wife. \r\n32. Brother’s son’s wife. \r\n33. Sister’s son’s wife. \r\n \r\n A woman shall not marry her__ \r\n \r\n1. Paternal grand-father’s father. \r\n2. Paternal grand-mother’s father. \r\n3. Maternal grand-father’s father. \r\n4. Maternal grand-mother’s father. \r\n5. Paternal grand-father. \r\n6. Paternal grand-mother’s husband. \r\n7. Maternal grand-father. \r\n8. Maternal grand-mother’s husband. \r\n9. Father or step-father. \r\n10. Father’s brother or step-brother. \r\n11. Mother’s brother or step-brother. \r\n12. Brother or step-brother. \r\n13. Brother’s son or step -brother’s son, or any direct lineal descendant of a brother or step -\r\n brother. \r\n14. Sister’s son or step-sister’s son, or any direct lineal descendant of a sister or step-sister. \r\n15. Son or step-son, or any direct lineal descendant of either. \r\n16. Daughter’s son or step -daughter’s son, or any direct lineal descendant of a daughter or step -\r\n daughter. \r\n17. Husband of daughter or of step -daughter, or of any direct lineal descendant of a daughter or \r\n step-daughter. \r\n 18. Husband of son’s daughter or of step -son’s daughter, or of any direct lineal descendant of a \r\n son or step-son. \r\n19. Father of daughter’s husband. \r\n20. Father of son’s wife. \r\n21. Father of husband’s paternal grand-father. \r\n \r\nPage 16 of 16 \r\n \r\n22. Father of husband’s paternal grand-mother. \r\n23. Father of husband’s maternal grand-father. \r\n24. Father of husband’s maternal grand-mother. \r\n25. Husband’s paternal grand-father. \r\n26. Husband’s maternal grand-father. \r\n27. Husband’s father or step-father. \r\n28. Brother of husband’s father. \r\n29. Brother of husband’s mother. \r\n30. Husband’s brother’s son, or his direct lineal descendant. \r\n31. Husband’s sister’s son, or his direct lineal descendant. \r\n32. Brother’s daughter’s husband. \r\n33. Sister’s daughter’s husband. \r\n \r\n Note.__ In the above ta ble the words “brother” and “sis ter” denote brother and sister of the \r\nwhole as well as half blood. Relationship by step means relationship by marriages. \r\n \r\nSCHEDULE II \r\n(See section 6) \r\nCertificate of Marriage \r\n \r\n Date and place of marriage. \r\n Names of the husband and wife. \r\n Condition at the time of marriage. \r\n Rank or profession. \r\n Age. \r\n Residence. \r\n Names of the fathers or guardians. \r\n Rank or profession. \r\n Signature of the officiating priest. \r\n Signature of the contracting parties. \r\n Signatures of the fathers or guardians of the \r\ncontracting party under 21 years of age. \r\n Signature of witnesses. \r\n \r\n_______ \r\n165998 Date: 17-02-2025", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-2c99cadf73ea87f1:sha256:c83d7ae2536b1422148cff54801fada6a50ddf2adc8452f23d12964588f0ac52:chars-0-1798:1561e6763e02d5846365561cfa351448af31349b97ad190c82b23ca66835c519", "character_start": 0, "character_end": 1798, "utf8_byte_start": 0, "utf8_byte_end": 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