Act III of 1936 · 16 pages
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THE PARSI MARRIAGE AND DIVORCE ACT, 1936
CONTENTS
PART I.
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
PART II.
MARRIAGES BETWEEN PARSIS
3. Requisites to validity of parsi marriages
4. Remarriage when unlawful
5. Punishment of bigamy
6. Certificate and registry of marriage
7. Appointment of Registrar
8. Marriage registers to be open for public inspection
9. Copy of certificate to be sent to Registrar-General of Births, Deaths and Marriages
10. Registration of divorces
11. Penalty for solemnizing marriage contrary to section 4
12. Penalty for priest's neglect of requirements of section 6
13. Penalty for omitting to subscribe and attest certificate
Page 1 of 16
14. Penalty for making, etc., false certificate
15. Penalty for failing to register certificate
16. Penalty for secreting, destroying or altering register
17. Formal irregularity not to invalidate marriage
PART III.
PARSI MATRIMONIAL COURTS
18. Constitution of special Courts under the Act
19. Omitted
20. Parsi District Matrimonial Courts
21. Power to alter territorial jurisdiction of District Courts
22. Omitted
23. Court seals
24. Appointment of delegates
25. Power to appoint new delegates
26. Delegates to be deemed public servants
27. Selection of delegates under section 20 to be from those appointed under section
28. Practitioners in Matrimonial Courts
29. Court in which Suits to be brought
PART IV.
MATRIMONIAL SUITS
30. Suits for nullity
31. Suits for dissolution
32. Grounds of divorce
33. Joining of co-defendant
34. Suits for judicial separation
35. Decrees in certain suits
Page 2 of 16
36. Suit for restitution of conjugal rights
37. Counter-claim by defendant for any relief
38. No suit to be brought to enforce marriage or contract arising out of marriage when
husband is under sixteen or wife under fourteen years
39. Alimony pendente lite
40. Permanent alimony
41 Payment of alimony to wife or to her trustee
42. Disposal of joint property
43. Suits may be heard with closed doors
44. Validity of trial
45. Provisions of civil procedure code to apply to suits under the Act
46. Determination of questions of law and procedure and of fact
47. Appeal to High Court
48. Liberty to parties to marry again
PART V.
CHILDREN OF THE PARTIES
49. Custody of children
50. Settlement of wife's property for benefit of children
PART VI.
MISCELLANEOUS
51. Superintendence of High Court
52. Applicability of provisions of the Act
53. Repeal
SCHEDULE I.
Table of prohibited degrees of consanguinity and affinity
SCHEDULE II.
Certificate of Marriage
Page 3 of 16
THE PARSI MARRIAGE AND DIVORCE ACT, 1936
ACT No. III OF 1936
[23rd April, 1936]
An Act to amend the law relating to marriage and divorce among Parsis.
WHEREAS it is expedient to amend the law relating to marriage and divorce among Parsis;
It is hereby enacted as follows:—
I.— PRELIMINARY
1. Short title, extent and commencement.__ (1) This Act may be called the Parsi Marriage
and Divorce Act, 1936.
1
[(2) It extends to the whole of Pakistan.]
(3) It shall come into force on such date as the 2[Federal Government] may, by notification in
the 3[Official Gazette], appoint.
2. Definitions. In this Act, unless there is anything repugnant in the subject or context,—
(1) “Chief Justice” includes senior Judge;
(2) “Court” means a Court constituted under this Act;
(3) to “desert”, together with its grammatical variations and cognate expressions,
means to desert the other party to a marriage without reasonable cause and
without the consent, or against the will, of such party ;
(4) “grievous hurt” means—
(a) emasculation;
(b) Permanent privation of the sight of either eye;
(c) permanent privation of the hearing of either ear ;
(d) privation of any member or joint ;
(e) destruction or permanent impairing of the powers of any member or joint
;
(f) permanent disfiguration of the head or face; or
(g) any hurt which endangers life ;
1
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch.
2
Subs. by F. A. O. 1975, Art. 2and Table.
3
Subs, by A.O., 1937.
Page 4 of 16
(5) “husband” means a Parsi husband ;
(6) “marriage" means a marriage between Parsis whether contracted before or after
the commencement of this Act ;
(7) a “Parsi” means a Parsi Zoroastrian ;
(8) “priest” means a Parsi priest and includes Dastur and Mobed ; and
(9) “wife” means a Parsi wife.
II.—MARRIAGES BETWEEN PARSIS
3. Requisites to validity of Parsi marriages. No marriage shall be valid if—
(a) the contracting parties are related to each other in any of the degrees of
consanguinity or affinity set forth in Schedule I ; or
(b) such marriage is not solemnized according to the Parsi form of ceremony
called “Ashirvad” by a priest in the presence of two Parsi witnesses other than
such priest ; or
(c) in the case of any Parsi (whether such Parsi has changed his or her religion or
domicile or not) who has not completed the age of twenty-one years, the
consent of his or her father or guardian has not been previously given to such
marriage.
4. Remarriage when unlawful.— (1) No Parsi (whether such Parsi has changed his or her
religion or domicile or not) shall contract any marriage under this Act or any other law in the lifetime
of his or her wife or husband, whether a Parsi or not, except after his or her lawful divorce from such
wife or husband or after his or her marriage with such wife or husband has lawfully been declared
null and void or dissolved, and, if the marriage was contracted with such wife or husband under the
Parsi Marriage and Divorce Act, 1865 (XV of 1865) or under this Act, except after a divorce,
declaration or dissolution as aforesaid under either of the said Acts.
(2) Every marriage contracted contrary to the provisions of sub-section (1) shall be void.
5. Punishment of bigamy. Every Parsi who during the lifetime of his or her wife or husband,
whether a Parsi or not, contracts a marriage without having been lawfully divorced from such wife or
husband, or without his or her marriage with such wife or husband having legally been declared null
and void or dissolved, shall be subject to the penalties provided in sections 494 and 495 of the
Pakistan Penal Code for the offence of marrying again during the lifetime of a husband or wife.
6. Certificate and registry of marriage. Every marriage contracted under this Act shall,
immediately on the solemnization thereof, be certified by the officiating priest in the form contained
in Schedule II. The certificate shall be signed by the said priest, the contracting parties, or their
fathers or guardians when they shall not have completed the age of twenty-one years, and two
witnesses present at the marriage; and the said priest shall thereupon send such certificate together
with a fee of two rupees to be paid by the husband to the Registrar of the place at which such
marriage is solemnized. The Registrar on receipt of the certificate and fee shall enter the certificate in
a register to be kept by him for that purpose and shall be entitled to retain the fee.
Page 5 of 16
7. Appointment of Registrar. For the purposes of this Act a Registrar shall be appointed.
Within the local limits of the ordinary original civil jurisdiction of a High Court, the Registrar shall
be appointed by the Chief Justice of such Court, and without such limits, by the 1[Provincial
Government]. Every Registrar so appointed may be removed by the Chief Justice or 1[Provincial
Government] appointing him.
8. Marriage registers to be open for public inspection. The register of marriages
mentioned in section 6 shall, at all reasonable times, be open for inspection, and certified extracts
therefrom shall, on application, be given by the Registrar on payment to him by the applicant of two
rupees for each such extract. Every such register shall be evidence of the truth of the statements
therein contained.
9. Copy of certificate to be sent to Registrar-General of Births, Deaths and Marriages.
Every Registrar, 2[* * *], shall, at such intervals as the 1[Provincial Government] by which he was
appointed from time to time directs, send to the Registrar-General of Births, Deaths and Marriages
for the territories administered by such 1[Provincial Government] a true copy certified by him in such
form as such 1[Provincial Government] from time to time prescribes, of all certificates entered by
him in the said register of marriages since the last of such intervals.
10. Registration of divorces. When a Court passes a decree for divorce, nullity or
dissolution, the Court shall send a copy of the decree for registration to the Registrar of Marriages
within its jurisdiction appointed under section 7 ; the Registrar shall enter the same in a register to be
kept by him for the purpose, and the provisions of Part II applicable to the Registrars and registers of
marriages shall be applicable, so far as may be, to the Registrars and registers of divorces and
decrees of nullity and dissolution.
11. Penalty for solemnizing marriage contrary to section 4. Any priest knowingly and
willfully solemnizing any marriage contrary to and in violation of section 4 shall, on conviction
thereof, be punished with simple imprisonment for a term which may extend to six months, or with
fine which may extend to two hundred rupees, or with both.
12. Penalty for Priest’s neglect of requirements of section 6. Any priest neglecting to
comply with any of the requisitions affecting him contained in section 6 shall, on conviction thereof,
be punished for every such offence with simple imprisonment for a term which may extend to three
months, or with fine which may extend to one hundred rupees, or with both.
13. Penalty for omitting to subscribe and attest certificate. Every other person required by
section 6 to subscribe or attest the said certificate who shall wilfully omit or neglect so to do, shall,
on conviction thereof, be punished for every such offence with a fine not exceeding one hundred
rupees.
14. Penalty for making, etc., false certificate. Every person making or signing or attesting
any such certificate containing a statement which is false, and which he either knows or believes to
be false, shall be punished with simple imprisonment for a term which may extend to three months,
or with fine which may extend to one hundred rupees, or with both ; and if the act amounts to forgery
as defined in the Pakistan Penal Code (XLV of 1860), then such person shall also be liable, on
conviction thereof, to the penalties provided in section 466 of the said Code.
1
Subs. by A. O., 1937, for “L. G.”
2
Omitted by A. O., 1949.
Page 6 of 16
15. Penalty for failing to register certificate. Any Registrar failing to enter the said
certificate pursuant to section 6 shall be punished with simple imprisonment for a term which may
extend to one year, or with fine which may extend to one thousand rupees, or with both.
16. Penalty for secreting, destroying or altering register. Any person secreting, destroying,
or dishonestly or fraudulently altering the said register in any part thereof, shall be punished with
imprisonment of either description as defined in the Pakistan Penal Code (XLV of 1860) for a term
which may extend to two years, or if he be a Registrar, for a term which may extend to five years and
shall also be liable to fine which may extend to five hundred rupees.
17. Formal irregularity not to invalidate marriage. No marriage contracted under this Act
shall be deemed to be invalid solely by reason of the fact that it was not certified under section 6, or
that the certificate was not sent to the Registrar, or that the certificate was defective, irregular or
incorrect.
III.— PARSI MATRIMONIAL COURTS
18. Constitution of Special Courts under the Act. For the purpose of hearing suits under
this Act, a special Court shall be constituted in 1[such] places in the territories of the 2[*] 3[Provincial
Governments] as such Governments respectively shall think fit.
19. [Parsi Chief Matrimonial Courts.] Omitted by A. O., 1949.
20. Parsi District Matrimonial Courts. Every Court so constituted 4[* * *] shall be entitled
the Parsi District Matrimonial Court 4[of the place at which it is constituted]. Subject to the
provisions contained in section 21, the local limits of the jurisdiction of such Court shall be conter-
minous with the limits of the district in which it is held. The Judge of the principal Court of original
civil jurisdiction at such place shall be the Judge of such Matrimonial Court, and in the trial of cases
under this Act he shall be aided by seven delegates.
21. Power to alter territorial jurisdiction of District Courts. The 3[Provincial
Government] may from time to time alter the local limits of the jurisdiction of any Parsi District
Matrimonial Court, and may include within such limits any number of districts under its government.
22. [Certain districts to be within jurisdiction of the Chief Matrimonial Court.] Omitted by A.
O., 1949.
23. Court seals. A seal shall be made for every Court constituted under this Act, and all
decrees and orders and copies of decrees and orders of such Court shall be sealed with such seal,
which shall be kept in the custody of the presiding judge.
1
Subs. by A. O., 1949.
2
Omitted by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch.
3
Subs. by A. O., 1937.
4
Omitted and subs. by A. O., 1949.
Page 7 of 16
24. Appointment of delegates.__ (1) The 1[Provincial Governments] shall, in 2[* * *] districts
subject to their respective governments, respectively appoint persons to be delegates to aid in the
adjudication of cases arising under this Act, after giving the local Parsis an opportunity of expressing
their opinion in such manner as the respective Governments may think fit.
(2) The persons so appointed shall be Parsis, their names shall be published in the 3[official
Gazette] and their number shall, within the local limits of the ordinary original civil jurisdiction of a
High Court, be not more than thirty, and in districts beyond such limits, not more than twenty.
25. Power to appoint new delegates. The appointment of a delegate shall be for ten years;
but he shall be eligible for reappointment for the like term or terms. Whenever a delegate shall die, or
have completed his term of office, or be desirous of relinquishing his office, or refuse or become in-
capable or unfit to act, or cease to be a Parsi, or be convicted of an offence under the Pakistan Penal
Code (XLV of 1860) or other law for the time being in force, or be adjudged insolvent, then and so
often the 1[Provincial Government] may appoint any person being a Parsi to be a delegate in his
stead ; and the name of the person so appointed shall be published in the 3[official Gazette].
26. Delegates to be deemed public servants. All delegates appointed under this Act shall be
considered to be public servants within the meaning of the Pakistan Penal Code (XLV of 1860).
27. Selection of delegates under section 20 to be from those appointed under section 24.
The delegates selected under 5[section 20] to aid in the adjudication of suits under this Act, shall be
taken under the orders of the presiding Judge of the Court in due rotation from the delegates
appointed by the 4[Provincial Government] under section 24:
Provided that each party to the suit may, without cause assigned, challenge any three of the
delegates attending the Court before such delegates are selected and no delegate so challenged shall
be selected.
28. Practitioners in Matrimonial Courts. All legal practitioners entitled to practice in a
High Court shall be entitled to practice in any Court constituted under this Act, and all legal
practitioners entitled to practice in a District Court shall be entitled to practice in any Parsi District
Matrimonial Court constituted under this Act.
29. Court in which suits to be brought.__(1) All suits instituted under this Act shall be
brought in the Court within the limits of whose jurisdiction the defendant resides at the time of the
institution of the suit.
(2) When the defendant shall at such time have left 5[Pakistan] such suit shall be brought in
the Court at the place where the plaintiff and defendant last resided together.
(3) In any case, whether the defendant resides in 5[Pakistan] or not, such suit may be brought
in the Court at the place where the plaintiff resides or at the place where the plaintiff and the
defendant last resided together, if such Court, after recording its reasons in writing, grants leave so to
do.
1
Subs. by A. O., 1937.
2
Omitted by A. O., 1949.
3
Subs. by A. O., 1937.
4
Subs. by A. O., 1949.
5
Subs. By the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch.
Page 8 of 16
IV.—MATRIMONIAL SUITS
30. Suits for nullity. In any case in which consummation of the marriage is from natural
causes impossible, such marriage may, at the instance of either party thereto, be declared to be null
and void.
31. Suits for dissolution. If a husband or wife shall have been continually absent from his or
her wife or husband for the space of seven years, and shall not have been heard of as being alive
within that time by those persons who would have naturally heard of him or her, had he or she been
alive, the marriage of such husband or wife may, at the instance of either party thereto, be dissolved.
32. Grounds for divorce. Any married person may sue for divorce on any one or more of the
following grounds, namely:—
(a) that the marriage has not been consummated within one year after its
solemnization owing to the willful refusal of the defendant to consummate it ;
(b) that the defendant at the time of the marriage was of unsound mind and has
been habitually so up to the date of the suit:
Provided that divorce shall not be granted on this ground, unless the
plaintiff (1) was ignorant of the fact at the time of the marriage, and (2) has
filed the suit within three years from the date of the marriage;
(c) that the defendant was at the time of marriage pregnant by some person other
than the plaintiff:
Provided that divorce shall not be granted on this ground, unless (1)
the plaintiff was at the time of the marriage ignorant of the fact alleged, (2) the
suit has been filed within two years of the date of marriage, and (3) marital
intercourse has not taken place after the plaintiff came to know of the fact ;
(d) that the defendant has since the marriage committed adultery or fornication or
bigamy or rape or an unnatural offence:
Provided that divorce shall not be granted on this ground if the suit has
been filed more than two years after the plaintiff came to know of the fact ;
(e) that the defendant has since the marriage voluntarily caused grievous hurt to
the plaintiff or has infected the plaintiff with venereal disease or, where the
defendant is the husband, has compelled the wife to submit herself to
prostitution;
Provided that divorce shall not be granted on this ground if the suit has
been filed more than two years (i) after the infliction of the grievous hurt, or
(ii) after the plaintiff came to know of the infection, or (iii) after the last act of
compulsory prostitution ;
(f) that the defendant is undergoing a sentence of imprisonment for seven years or
more for an offence as defined in the Pakistan Penal Code (XLV of 1860) :
Page 9 of 16
Provided that divorce shall not be granted on this ground, unless the
defendant has prior to the filing of the suit undergone at least one year’s
imprisonment out of the said period;
(g) that the defendant has deserted the plaintiff for at least three years ;
(h) that a decree or order for judicial separation has been passed against the
defendant, or an order has been passed against the defendant by a Magistrate
awarding separate maintenance to the plaintiff, and the parties have not had
marital intercourse for three years or more since such decree or order ;
(i) that the defendant has failed to comply with a decree for restitution of
conjugal rights for a year or more ; and
(j) that the defendant has ceased to be a Parsi:
Provided that divorce shall not be granted on this around if the suit has
been filed more than two years after the plaintiff came to know of the fact.
33. Joining of co-defendant. In every such suit for divorce on the ground of adultery, the
plaintiff shall, unless the Court shall otherwise order, make the person with whom the adultery is
alleged to have been committed a co-defendant, and in any such suit by the husband the Court may
order the adulterer to pay the whole or any part of the costs of the proceedings.
34. Suits for judicial separation. Any married person may sue for judicial separation on any
of the grounds for which such person could have filed a suit for divorce, or on the ground that the
defendant has been guilty of such cruelty to him or her or their children, or has used such personal
violence, or has behaved in such a way as to render it in the judgment of the Court improper to
compel him or her to live with the defendant.
35. Decrees in certain suits. In any suit under section 30, 31, 32 or 34, whether defended or
not, if the Court be satisfied that any of the grounds set forth in those sections for granting relief
exist, that none of the grounds therein set forth for withholding relief exist and that__
(a) the act or omission set forth in the plaint has not been condoned;
(b) the husband and wife are not colluding together ;
(c) the plaintiff has not connived at or been accessory to the said act or omission ;
(d) (save where a definite period of limitation is provided by this Act) there has
been no unnecessary or improper delay in instituting the suit ; and
(e) there is no other legal ground why relief should not be granted ;
then and in such case, but not otherwise, the Court shall decree such relief accordingly.
36. Suit for restitution of conjugal rights. Where a husband shall have deserted or without
lawful cause ceased to cohabit with his wife, or where a wife shall have deserted or without lawful
Page 10 of 16
cause ceased to cohabit with her husband, the party so deserted or with whom cohabitation shall have
so ceased may sue for the restitution of his or her conjugal rights and the Court, if satisfied of the
truth of the allegations contained in the plaint, and that there is no just ground why relief should not
be granted, may proceed to decree such restitution of conjugal rights accordingly.
37. Counter-claim by defendant for any relief. In any suit under this Act, the defendant
may make a counter-claim for any relief he or she may be entitled to under this Act.
38. No suit to be brought to enforce marriage or contract arising out of marriage when
husband is under sixteen or wife under fourteen years. Notwithstanding anything hereinbefore
contained, no suit shall be brought in any Court to enforce any marriage or any contract connected
with or arising out of any marriage, if, at the date of the institution of the suit, the husband shall not
have completed the age of sixteen years, or the wife shall not have completed the age of fourteen
years.
39. Alimony pendente lite. In any suit under this Act if the wife shall not have an
independent income sufficient for her support and the necessary expenses of the suit, the Court, on
the application of the wife, may order the husband to pay her monthly or weekly during the suit such
sum not exceeding one-fifth of her husband’s net income as the Court, considering the circumstances
of the parties, shall think reasonable.
40. Permanent alimony.— (1) The Court may, if it shall think fit at the time of passing any
decree under this Act or subsequently thereto on application made to it for the purpose, order that the
husband shall 1[while the wife remains chaste and unmarried],___
(a) to the satisfaction of the Court, secure to the wife 1[* * *] such gross sum or
such monthly or periodical payment of money for a term not exceeding her
life as, having regard to her own property, if any, her husband’s ability and the
conduct of the parties, shall be deemed just, and for that purpose may require a
proper instrument to be executed by all necessary parties and suspend the
pronouncing of its decree until such instruments shall have been duly
executed, or
(b) make such monthly payments to the wife for her maintenance and support as
the Court may think reasonable.
In case any such order shall not be obeyed by her husband it may be enforced in the manner
provided for the execution of decrees and orders under the Code of Civil Procedure, 1908 (V of
1908), and further the husband may be sued by any person supplying the wife with necessaries
during the time of such disobedience for the price of such necessaries.
(2) The Court, if satisfied that there is a change in the circumstances of either party at any
time, may at the instance of either party vary, modify or rescind such order in such manner as the
Court may deem just.
1
[(3) Where an order for alimony or maintenance in favor of a wife has been made either
under the provisions of the Parsi Marriage and Divorce Act, 1865, or under the provisions of this
Act, the Court, if satisfied that the wife has remarried or has not remained chaste, shall vary or
rescind the order.]
1
Ins. and omitted by Act No. XIV of 1940, s. 3.
Page 11 of 16
41. Payment of alimony to wife or to her trustee. In all cases in which the Court shall make
any decree or order for alimony it may direct the same to be paid either to the wife herself, or to any
trustee on her behalf to be approved by the Court, and may impose any terms or restrictions which to
the Court may seem expedient, and may from time to time appoint a new trustee, if for any reason it
shall appear to the Court expedient so to do.
42. Disposal of joint property. In any suit under this Act the Court may make such
provisions in the final decree as it may deem just and proper with respect to property presented at or
about the time of marriage which may belong jointly to both the husband and wife.
43. Suits may be heard with closed doors. In every suit preferred under this Act, the case
shall be tried with closed doors should such be the wish of either of the parties.
44. Validity of trial. Notwithstanding anything contained in section 19 or section 20, where
in the case of a trial in a Parsi Matrimonial Court not less than five delegates have attended
throughout the proceedings, the trial shall not be invalid by reason of the absence during any part
thereof of the other delegates.
45. Provisions of Civil Procedure Code to apply to suits under the Act. The provisions of
the Code of Civil Procedure, 1908 (V of 1908), shall, so far as the same may be applicable, apply to
proceedings in suits instituted under this Act including proceedings in execution and orders
subsequent to decree.
46. Determination of questions of law and procedure and of fact. In suits under this Act
all questions of law and procedure shall be determined by the presiding judge; but the decision on the
facts shall be the decision of the majority of the delegates before whom the case is tried:
Provided that, where such delegates are equally divided in opinion, the decision on the facts
shall be the decision of the presiding judge.
47. Appeal to High Court. An appeal shall lie to the High Court from__
(a) the decision of any Court established under this Act, 1[* * *] on the ground of
the decision being contrary to some law or usage having the force of law, or of
a substantial error or defect in the procedure or investigation of the case which
may have produced error or defect in the decision of the case upon the merits,
and on no other ground ; and
(b) the granting of leave by any such Court under sub-section (3) of section 29:
Provided that such appeal shall be instituted within three calendar
months after the decision appealed from shall have been pronounced.
48. Liberty to parties to marry again. When the time hereby limited for appealing against
any decree granting a divorce or annulling or dissolving a marriage shall have expired, and no appeal
shall have been presented against such decree, or when any such appeal shall have been dismissed, or
when in the result of any appeal a divorce has been granted or a marriage has been declared to be
annulled or dissolved, but not sooner, it shall be lawful for the respective parties thereto to marry
again, as if the prior marriage had been terminated by death.
1
Omitted by A.O., 1949.
Page 12 of 16
V.—CHILDREN OF THE PARTIES
49. Custody of children. In any suit under this Act, the Court may from time to time pass
such interim orders and make such provisions in the final decree as it may deem just and proper with
respect to the custody, maintenance and education of the children under the age of sixteen years, the
marriage of whose parents is the subject of such suit, and may, after the final decree upon
application, by petition for this purpose, make, revoke, suspend or vary from time to time all such
orders and provisions with respect to the custody, maintenance and education of such children as
might have been made by such final decree or by interim orders in case the suit for obtaining such
decree were still pending.
50. Settlement of wife’s property for benefit of children. In any case in which the Court
shall pronounce a decree of divorce or judicial separation for adultery of the wife, if it shall be made
to appear to the Court that the wife is entitled to any property either in possession or reversion, the
Court may order such settlement as it shall think reasonable to be made of any part of such property,
not exceeding one-half thereof, for the benefit of the children of the marriage or any of them.
VI.__ MISCELLANEOUS
1[51. Superintendence of High Court. The High Court shall have superintendence over, and
rule-making power in respect of all Courts constituted under this Act subject to its appellate
jurisdiction in the same manner as it has over and in respect of other Courts under 2[Articles 202 and
203 of the Constitution.]
52. Applicability of provisions of the Act.__ (1) The provisions of this Act shall apply to all
suits to which the same are applicable whether the circumstances relied on occurred before or after
the passing of this Act, and whether any decree or order referred to was passed under this Act or
under the law in force before the passing of this Act, and where any proceedings are pending in any
Court at the time of the commencement of this Act, the Court shall allow such amendment of the
pleadings as may be necessary as the result of the coming into operation of this Act.
(2) A Parsi who has contracted a marriage under the Parsi Marriage and Divorce Act, 1865
(XV of 1865), or under this Act, even though such Parsi may change his or her religion or domicile,
so long as his or her wife or husband is alive and so long as such Parsi has not been lawfully
divorced from such wife or husband or such marriage has not lawfully been declared null and void or
dissolved under the decree of a competent Court under either of the said Acts, shall remain bound by
the provisions of this Act.
53. 3[Repealed.]
1
Subs. by A. O.,1964 Art. 2 and Sch.
2
Subs. by F.A.O., 1975, Art.2 and Sch.
3
Rep. by the Repealing and Amending Act, 1937 (XX of 1937), s. 3 and Sch. II.
Page 13 of 16
SCHEDULE I
(See section 3)
Table of prohibited degrees of consanguinity and affinity
A man shall not marry his__
1. Paternal grand-father’s mother.
2. Paternal grand-mother’s mother.
3. Maternal grand-father’s mother.
4. Maternal grand-mother’s mother.
5. Paternal grand-mother.
6. Paternal grand-father’s wife.
7. Maternal grand-mother.
8. Maternal grand-father’s wife.
9. Mother or step-mother.
10. Father’s sister or step-sister.
11. Mother’s sister or step-sister.
12. Sister or step-sister.
13. Brother’s daughter or step-brother's daughter, or any direct lineal descendant of a brother or
step-brother.
14. Sister’s daughter or step-sister's daughter, or any direct lineal descendant of a sister, or
step-sister.
15. Daughter or step-daughter, or any direct lineal descendant of either.
16. Son's daughter or step-son’s daughter, or any direct lineal descendant of a son or step-son.
17. Wife of son or step-son, or of any direct lineal descendant of a son or step-son.
18. Wife of daughter’s son or of step-daughter's son, or of any direct lineal descendant of a
daughter or step-daughter.
19. Mother of daughter’s husband.
20. Mother of son’s wife.
21. Mother of wife’s paternal grand-father.
22. Mother of wife’s paternal grand-mother.
23. Mother of wife’s maternal grand-father.
24. Mother of wife’s maternal grand-mother.
25. Wife’s paternal grand-mother.
26. Wife’s maternal grand-mother.
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27. Wife’s mother or step-mother.
28. Wife’s father’s sister.
29. Wife’s mother’s sister.
30. Father’s brother’s wife.
31. Mother’s brother’s wife.
32. Brother’s son’s wife.
33. Sister’s son’s wife.
A woman shall not marry her__
1. Paternal grand-father’s father.
2. Paternal grand-mother’s father.
3. Maternal grand-father’s father.
4. Maternal grand-mother’s father.
5. Paternal grand-father.
6. Paternal grand-mother’s husband.
7. Maternal grand-father.
8. Maternal grand-mother’s husband.
9. Father or step-father.
10. Father’s brother or step-brother.
11. Mother’s brother or step-brother.
12. Brother or step-brother.
13. Brother’s son or step-brother’s son, or any direct lineal descendant of a brother or step-
brother.
14. Sister’s son or step-sister’s son, or any direct lineal descendant of a sister or step-sister.
15. Son or step-son, or any direct lineal descendant of either.
16. Daughter’s son or step-daughter’s son, or any direct lineal descendant of a daughter or step-
daughter.
17. Husband of daughter or of step-daughter, or of any direct lineal descendant of a daughter or
step-daughter.
18. Husband of son’s daughter or of step-son’s daughter, or of any direct lineal descendant of a
son or step-son.
19. Father of daughter’s husband.
20. Father of son’s wife.
21. Father of husband’s paternal grand-father.
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22. Father of husband’s paternal grand-mother.
23. Father of husband’s maternal grand-father.
24. Father of husband’s maternal grand-mother.
25. Husband’s paternal grand-father.
26. Husband’s maternal grand-father.
27. Husband’s father or step-father.
28. Brother of husband’s father.
29. Brother of husband’s mother.
30. Husband’s brother’s son, or his direct lineal descendant.
31. Husband’s sister’s son, or his direct lineal descendant.
32. Brother’s daughter’s husband.
33. Sister’s daughter’s husband.
Note.__ In the above table the words “brother” and “sister” denote brother and sister of the
whole as well as half blood. Relationship by step means relationship by marriages.
SCHEDULE II
(See section 6)
Certificate of Marriage
Date and place of marriage.
Names of the husband and wife.
Condition at the time of marriage.
Rank or profession.
Age.
Residence.
Names of the fathers or guardians.
Rank or profession.
Signature of the officiating priest.
Signature of the contracting parties.
Signatures of the fathers or guardians of the
contracting party under 21 years of age.
Signature of witnesses.
_______
165998 Date: 17-02-2025
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Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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