1. Short title, extent and commencement.—(1) This Act may be called the Parsi Marriage and
Divorce Act, 1936.
(2) 2
[It extends to the whole of India except the State of Jammu and Kashmir*]:
Provided that the Central Government may, in respect of 3
[territories which, immediately before the
1st November, 1956, were comprised in Part B States] by notification in the Official Gazette, direct that
the provisions of this Act relating to the constitution and powers of Parsi Matrimonial Courts and to
appeals from the decisions and orders of such Courts shall apply with such modifications as may be
specified in the notification:
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[Provided further that nothing contained in this Act shall apply to the Renoncants of the Union
territory of Pondicherry.]
(3) It shall come into force on such date5
as the Central Government may, by notification in the
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;
1. This Act has been extended to—
(i) Berar by the Berar Laws Act, 1941 (4 of 1941), and
(ii) Dadra or Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (1-7-1965).
2. Subs. by Act 3 of 1951, s. 3 and the Schedule for “It extends to the whole of India except Part B States and, in respect of Parsi
citizens of India, to the whole of India” (w.e.f. 1-4-1951).
3. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part B States”.
4. Ins. by Act 26 of 1968, s. 3 and the Schedule (w.e.f. 24-5-1968).
5. 22nd June, 1936; see Gazette of India, 1936, Part I, p.621.
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
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(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;
(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.