AI Overview...
- Parsi Marriage & Divorce Act, 1936 - Main points and insights:
- Governs marriage and divorce proceedings among Parsi Zoroastrians in India, including provisions for divorce on grounds such as cruelty (Section 32(dd)) Zenobia Ghadially VS Mehrouz Ghadially - Bombay.
- Discretion to record evidence is exercised considering provisions of the Act alongside the Civil Procedure Code (Order 18 Rule 4(2)), with courts interpreting these provisions to avoid conflicts Rohinton Panthaky VS Armin R. Panthaky - Bombay.
- Divorce can be sought by mutual consent under Section 32-B, and decrees can be obtained through courts in India or abroad, including the USA, under applicable sections Yashim Rao Karkaria VS Cyrus Edul Karkaria - Bombay, Yasmin Karkaria VS Cyrus Edul Karkaria - Bombay.
- The Act also addresses issues related to maintenance, alimony (Section 40), and the court’s discretion in awarding alimony, especially in cases of desertion or cruelty Hormusji M. Kalapesi VS Dinbai H. Kalapesi - Bombay.
- Jurisdictional issues are clarified, including applicability to foreigners of Parsi descent or domicile, and the validity of marriages under the Act Sarwar Merwan Yezdiar VS Merwan Rashid Yezdiar - Bombay.
-
The Act interacts with other statutes like the Civil Procedure Code and special laws addressing domestic violence and maintenance rights Megha J. , D/o. Late Sri. K. Jayashankar VS Life Insurance Corporation Of India (LIC), Rep. By Branch Head/Manager - Karnataka.
-
Analysis and Conclusion:
- The Parsi Marriage & Divorce Act, 1936, provides a comprehensive legal framework for marriage, divorce, and related matters among Parsis, emphasizing judicial discretion, mutual consent, and procedural clarity.
- Courts interpret the Act in conjunction with other legal provisions to uphold the rights of parties, including maintenance and divorce decrees, whether sought domestically or internationally.
- The Act’s provisions are consistent with principles of fairness and procedural justice, ensuring that Parsi couples have access to legal remedies for marriage dissolution and related issues.
References: - Rohinton Panthaky VS Armin R. Panthaky - Bombay - Zenobia Ghadially VS Mehrouz Ghadially - Bombay - Mrs. Shireen Kersi Dubash Parsi Indian Inhabitant VS Kersi Jai Dubash Parsi Indian Inhabitant - Bombay - Sarwar Merwan Yezdiar VS Merwan Rashid Yezdiar - Bombay - Yashim Rao Karkaria VS Cyrus Edul Karkaria - Bombay - Hormusji M. Kalapesi VS Dinbai H. Kalapesi - Bombay - Sanjan VS Azara - Kerala - Megha J. , D/o. Late Sri. K. Jayashankar VS Life Insurance Corporation Of India (LIC), Rep. By Branch Head/Manager - Karnataka - In the matter of : Zarir Pesi Bharucha VS Niloufer Soli Lam - Bombay - Yasmin Karkaria VS Cyrus Edul Karkaria - Bombay
Search Results for "Parsi Marriage and Divorce Act P"
2014 0 Supreme(Bom) 828 • India - Bombay
G.S.PATEL
Marriage & Divorce Act, 1936. ... Parsi Marriage & Divorce Act - Discretion to Record Evidence - Sections 18, 19, 43-47, Order 18 Rule 4(2) of CPC - The court considered ... the provisions of the Parsi Marriage & Divorce Act, 1936 and the Code of Civil Procedure, 1908 to determine the discretion to record ... There is, therefore, no conflict between the provisions of the Parsi #H....
2014 0 Supreme(Bom) 1666 • India - Bombay
G.S.PATEL
seeking divorce on the ground of cruelty under Section 32(dd) of the Parsi Marriage & Divorce Act, 1936. ... Parsi Marriage & Divorce Act - Divorce - Section 32(dd) - Sections 19, 46 - Summary: The court addressed the Plaintiff's suit ... Issues: The issues included the solemnization of the marriage, cruelty, maintenance, and residence. ... This Parsi Matrimonial Suit is filed b....
2024 0 Supreme(Bom) 454 • India - Bombay
ARIF S. DOCTOR, D. K. UPADHYAYA
FRAUD - DIVORCE DECREE - PARSI MARRIAGE & DIVORCE ACT, 1936; GUARDIANS AND WARDS ACT, 1890; LIMITATION ACT ... , 1963 - The court discussed the provisions of the Parsi Marriage & Divorce Act, 1936, which governs divorce proceedings among Parsi ... The court interpreted these provisions to conclude that the appellant's challenge to the divorce d....
1950 0 Supreme(Bom) 68 • India - Bombay
M.C.CHAGLA, P.B.GAJENDRAGADKAR
PARSI MARRIAGE AND DIVORCE ACT - SECTION 1(2), 29 - JURISDICTION - FOREIGNER - DOMICILE - PARSI ZOROASTRIAN - VALIDITY OF MARRIAGE ... Whether the defendant was a Parsi Zoroastrian to whom the Parsi Marriage and Divorce Act applied? 2. ... Finding of the Court: The court held that the Parsi Marriage and Divorce Act did not a....
2000 0 Supreme(Bom) 569 • India - Bombay
D.G.DESHPANDE
, and entitlement to a Decree of Divorce under the Parsi Marriage and Divorce Act. ... Divorce - Parsi Marriage and Divorce Act - Section 32-B Fact of the Case: The suit is filed by both wife-plaintiff ... No. 1 and husband-plaintiff No. 2 for divorce by mutual consent under section 32-B of the Parsi Marriage and Divorce Act,....
1955 0 Supreme(Bom) 32 • India - Bombay
GAJENDRAGADKAR, VYAS
The wife applied for permanent alimony under S.40 of the Parsi Marriage and Divorce Act, 1936. ... PARSI MARRIAGE AND DIVORCE ACT, 1936 - S.40 - ALIMONY - DESERTING WIFE - DISCRETION OF COURT - QUANTUM OF ALIMONY - FACTORS TO ... Whether S.40 of the Parsi Marriage and Divorce Act, 1936 applies to decrees obtained by the husband against the wife on the ground ... It may be relevan....
2013 0 Supreme(Ker) 184 • India - Kerala
PIUS C.KURIAKOSE, P.D.RAJAN
Hindu Marriage Act, 1955, Section 13 - Dissolution of Muslim Marriage Act, 1939, Parsi Marriage and Divorce Act, 1869 Section 2 Mohammedan ... Law - When the parties are in intercourse the marriage is held as consummated after the solemnization of the marriage as it must ... Willful refusal to consume the marriage is a good ground for divorce under the Parsi Marriage#HL....
2023 0 Supreme(Kar) 446 • India - Karnataka
PRASANNA B. VARALE, KRISHNA S. DIXIT
The court also referred to various statutes, such as the Code of Criminal Procedure, Hindu Marriage Act, Divorce Act, Parsi Marriage ... and Divorce Act, Protection of Women from Domestic Violence Act, Special Marriage Act, and Muslim Women (Protection of Rights on ... Marriage) Act, to highlight the absence of a binding rule guaranteeing maintenance rights to married daughters r....
2023 0 Supreme(Bom) 357 • India - Bombay
N. J. JAMADAR
Code of Civil Procedure, 1908 - Order 7 - Rule 11(d) - Parsi Marriage and Divorce Act, 1936 - Special Marriage ... and registered marriage under Parsi Marriage and Divorce Act, 1936 - Plaintiff and defendant are blessed with a daughter and a son ... Act, 1954 – Application - Dissolution of the marriage - - Tranfer of suit - Plaintiff is an advocate by profession. ... On 1st April....
2000 0 Supreme(Bom) 567 • India - Bombay
D.G.DESHPANDE
Marriage and Divorce Act, 1936. ... Moreover they are also entitled to obtain decree of divorce at USA as per Section 32-B of the Parsi Marriage and Divorce Act, 1936 ... Order IX, Rule 1-Decree of divorce through Attorney- The parties sought for the decree of divorce through their advocate at Bombay ... order :--- ... ORDER ... Marriage of the plaintiff No. 1 with plaintiff No. 2 is dissolved by....
Filter by Legal Phrase
