Special matrimonial courts for Parsis in India


The Act under Section 18 envisages constitution of Special Courts for hearing Matrimonial Suits only of Parsis. The said Special Courts are of two kinds: (A) the Parsi Chief Matrimonial Courts in the Presidency Towns, namely, at (1) Bombay (now Mumbai), (2) Madras (now Chennai) and (3) Calcutta (now Kolkata) (B) The Parsi District Matrimonial Courts at the places other than the Presidency Towns.

The Government is vested with powers to establish these Courts at the Presidency towns and also at other places as may be deemed fit and proper by the State Government.

The local jurisdiction of Parsi Chief Matrimonial Courts, under Section 19, is coextensive with the jurisdiction of respective High Courts whereas Section 20 lays down the local jurisdiction of the Parsi District Matrimonial Courts, outside the Presidency towns. Section 21 confers powers on the State Government to alter or change the local limits and the jurisdiction of the Parsi District Courts and clarifies that the jurisdiction of the District Matrimonial Courts need not be confined to only one District and the State Government is expressly invested with powers to include any number of Districts in one District only, necessarily under the same State Government. Section 22 vests powers in the Government to invest powers in the Parsi Chief Matrimonial Court to decide matrimonial disputes of the places/districts where Parsi Population has diminished. Section 23 provides that there will be a Seal of the Courts established under the Act. It means that the Courts are separate with independent legal identity and perpetual succession, as is understood in law.

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