18. Constitution of Special Courts under the Act.—For the purpose of hearing suits under this Act,
a Special Court shall be constituted in each of the Presidency-towns of Calcutta, Madras and Bombay,
and in such other places in the territories of the several State Governments as such Governments
respectively shall think fit.
19. Parsi Chief Matrimonial Courts.—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.]
20. Parsi District Matrimonial Courts.—Every Court so constituted at a place other than a
Presidency-town shall be entitled the Parsi District Matrimonial Court of such place. Subject to the
provisions contained in section 21, the local limits of the jurisdiction of such Court shall be coterminous
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 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.]
21. Power to alter territorial jurisdiction of District Courts.—The State 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.
1. Subs. by Act 5 of 1988, s. 4, for “by seven delegates” (w.e.f. 15-4-1988).
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22. Certain districts to be within jurisdiction of the Chief Matrimonial Court.—Any district
which the State Government, on account of the fewness of its Parsi inhabitants, shall deem it inexpedient
to include within the jurisdiction of any District Matrimonial Court, shall be included within the
jurisdiction of the Parsi Chief Matrimonial Court for the territories under such State Government where
there is such a Court.
23. Court seal.—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.
24. Appointment of delegates.—(1) The State Governments, shall, in the Presidency-towns and
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 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 incapable or
unfit to act, or cease to be a Parsi, or be convicted of an offence under the Indian Penal Code (45 of 1860)
or other law for the time being in force 1
[involving moral turpitude], or be adjudged insolvent, then and so
often the State 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 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 Indian Penal Code (45 of 1860).
27. Selection of delegates under sections 19 and 20 to be from those appointed under section
24.—The delegates selected under sections 19 and 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 State Government under section 24:
Provided that each party to the suit may, without cause assigned, challenge any 2
[two] 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 practise in a High
Court shall be entitled to practise in any Court constituted under this Act, and all legal practitioners
entitled to practise in a District Court shall be entitled to practise 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 3
[or where the marriage under this Act was solemnized].
(2) When the defendant shall at such time have left 4
[the territories to which this Act extends] such
suit shall be brought in the Court at the place where the plaintiff and defendant last resided together.
1. Ins. by Act 5 of 1988, s. 5 (w.e.f. 15-4-1988).
2. Subs. by s. 6, ibid., for “three” (w.e.f. 15-4-1988).
3. Added by s. 7, ibid. (w.e.f. 15-4-1988).
4. Subs. by Act 3 of 1951, s. 3 and the Schedule for “Part A States and Part C States” (w.e.f. 1-4-1951).
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(3) In any case, whether the defendant resides in 1
[the territories to which this Act extends] 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.