Section 19 of The Parsi Marriage and Divorce Act, 1936.
The Court so constituted in each of the Presidency-towns shall be entitled the Parsi Chief Matrimonial Court of Calcutta, Madras or Bombay, as the case may be. The local limits of the jurisdiction of a Parsi Chief Matrimonial Court shall be coterminous with the local limits of the ordinary original civil jurisdiction of the High Court. The Chief Justice of the High Court, or such other Judge of the same Court as the Chief Justice shall from time to time appoint shall be the Judge of such Matrimonial Court, and, in the trial of cases under this Act, he shall be aided 1[by five delegates, except in regard to—
- (a)interlocutory applications and proceedings;
- (b)alimony and maintenance, both permanent as well as pendente lite;
- (c)custody, maintenance and education of children; and
- (d)all matters and proceedings other than the regular hearing of cases.]
Summary
- This provision creates Parsi Chief Matrimonial Courts in the cities of Calcutta, Madras, and Bombay.
- The geographical area covered by these courts is the same as the civil jurisdiction of the High Court in those cities.
- The court is led by the Chief Justice of the High Court or another judge they choose to appoint.
- A group of five delegates helps the judge decide the facts during the regular hearing of a case.
- The judge handles specific matters like alimony and child custody alone without the help of delegates.
- Delegates are also not involved in temporary legal steps called interlocutory applications or other non-regular proceedings.
Practical examples
FAQ
1. Where are the Parsi Chief Matrimonial Courts located according to The Parsi Marriage and Divorce Act, 1936?
Under Section 19 of the Parsi Marriage and Divorce Act, 1936, these courts are found in Calcutta, Madras, and Bombay.
2. Who is the presiding judge in these courts under the Parsi Marriage and Divorce Act, 1936?
Section 19 of the Parsi Marriage and Divorce Act, 1936, states that the Chief Justice of the High Court or a judge they appoint will lead the court.
3. When are delegates used in the Parsi Chief Matrimonial Court under the Parsi Marriage and Divorce Act, 1936?
According to Section 19 of the Parsi Marriage and Divorce Act, 1936, delegates aid the judge in the regular hearing of cases, but not for matters like custody or alimony.
4. How many delegates assist the judge during a trial under Section 19 of the Parsi Marriage and Divorce Act, 1936?
The judge is aided by five delegates during the trial of cases under Section 19 of the Parsi Marriage and Divorce Act, 1936.
Test yourself
Q1.Under Section 19 of The Parsi Marriage and Divorce Act, 1936, which city is listed as a location for a Chief Matrimonial Court?
Q2.According to Section 19 of The Parsi Marriage and Divorce Act, 1936, for which of these tasks is a judge NOT aided by delegates?
Q3.Who has the authority to appoint a judge for the Parsi Chief Matrimonial Court under Section 19 of The Parsi Marriage and Divorce Act, 1936?
Q4.Under Section 19 of The Parsi Marriage and Divorce Act, 1936, how many delegates must aid the judge during a regular trial?