The period of limitation in filing appeal under Parsi Law in India

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Section 47 prescribes the Period of Limitation of Three Calendar Months from the date of pronouncement of decision.

Superintendence of high court

Section 51 provides that the Parsi Matrimonial Courts will be subordinate to the High Court inasmuch as the provisions of Article 227 of the Constitution of India will have force on the proceedings under the Parsi Matrimonial Courts. It may be noted here that the Constitution of India provides that if a citizen is aggrieved by any act of omission or commission of the “State” within the meaning of Article 12 of the Constitution, can seek remedy under Article 226 of the Constitution.

ADVERTISEMENTS:

However, if a citizen is aggrieved by any decision of any court under the High Court, the High Court will have the jurisdiction to correct the decision under its extraordinary jurisdiction under Article 227 of the Constitution. Thus, by necessary implication, the matrimonial courts will be subordinate to High Court.

The jurisdiction so exercised will be in the nature of appellate jurisdiction and obviously, a litigant party will not be able to seek the reopening of the entire proceedings under the provisions of Section 51 of the Act.

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