Bare Acts

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 6 [eighteen years], the marriage of 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: 1. Added by Act 5 of 1988, s. 17 (w.e.f. 15-4-1988). 2. Section 47 renumbered as sub-section (1) thereof by s. 18, ibid. (w.e.f. 15-4-1988). 3. Ins. by s. 18, ibid. (w.e.f. 15-4-1988). 4. The word “hereby” omitted by s. 19, ibid. (w.e.f. 15-4-1988). 5. The words “, as if the prior marriage had been terminated by death” omitted by s. 19, ibid. (w.e.f. 15-4-1988). 6. Subs. by s. 20, ibid., for “sixteen years” (w.e.f. 15-4-1988). 14 1 [Provided that the application with respect to the maintenance and education of such children during the suit, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.] 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.


51. Superintendence of High Court.—The High Court shall have superintendence over all Courts
constituted under this Act subject to its appellate jurisdiction in the same manner as it has over other
Courts under 2
[article 227 of the Constitution] and all the provisions of 3
[that article] shall apply to such
Courts.
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 (15 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. [Repealed].—Rep. by the Repealing and Amending Act, 1937 (20 of 1937), s. 3 and the Second
Schedule.

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