(IP-Of Matrimonial Suits. Secs. 36-42.)

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.

(d) For Restitution of Conjugal Rights.

36. Where a husband shall have deserted or without lawful cause ceased Sait for restitution of to cohabit with his wife, or where a wife shall have deserted or without conjugal lawful cause ceased to cohabit with her husband, the party so deserted or rights. 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.

If such decree shall not be obeyed by the party against whom it is passed, he or she shall be liable to be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both.

37. Notwithstanding anything herein before contained, no suit shall be brought in any Court to enforce any marriage between Pársís, or any contract connected with or arising out of any such 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.

38. 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.

39. [Stamps on plaints and petitions.] Rep. by the Court-fees Act, 1870 (VII of 1870).

No suit to enforce marriage or contract arising out of marriage when

husband under

16, or wife years.

under 14,

Suits with closed doors.

40. The provisions of the Code of Civil Procedure shall, so far as the Civil Procesame may be applicable, apply to suits instituted under this Act.

41. 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.

42. An appeal shall lie to the High Court from the decision of any Court established under this Act, whether a Chief Matrimonial Court or a District Matrimonial Court, 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:

Provided that such appeal be instituted within three calendar months after the decision appealed from shall have been pronounced.

dure Code applied.

Determina-
tions of law,
procedure
and fact.

tion of ques

Appeal to

High Court.

Liberty to parties to

marry again.

Custody of children

(IV.-Of Matrimonial Courts. Sec. 43. V.-Of the Children of the Parties, Secs. 44-45. VI-of the Mode of enforcing Penalties under this Act. Sec. 46.)

43. When the time hereby limited for appealing against any decree 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 any marriage shall be declared to be dissolved, but not sooner,

it shall be lawful for the respective parties thereto to marry again, as if the prior marriage had been dissolved by death.

V-Of the Children of the Parties.

44. In any suit under this Act for obtaining a judicial separation or a dea pendente lite. cree of nullity of marriage, or for dissolving a marriage, the Court may from time to time pass such interim orders and make such provision 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,

Orders as to custody of children after

final decree.

Settlement of

wife's proper

of children.

and may, after the final decree upon application by petition for this purpose, make 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.

45. In any case in which the Court shall pronounce a decree of divorce ty for benefit 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 such property, or any part thereof, for the benefit of the children of the marriage cr any of them.

Cognizance of offences under Act.

VI. Of the Mode of enforcing Penalties under this Act.

46. All offences under this Act may be tried by any officer exercising the powers of a Magistrate, unless the period of imprisonment to which the offender is liable shall exceed that which such officer is competent to award under the law for the time being in force in the place in which he is employed. When the period of imprisonment provided by this Act exceeds the period that may be awarded by such officer, the offender shall be committed for trial before the Court of Session.

(VI-Of the Mode of enforcing Penalties under this Act.

VII.-Miscellaneous. Sec. 51.)

Secs. 47-50.

of offences

within local

47. If any offence which by this Act is declared to be punishable with Punishment fine, or with fine and imprisonment not exceeding six months, shall be com under Act mitted by any person within the local limits of the ordinary original civil committed jurisdiction of the High Court, such offence shall be punishable upon summary limits of High conviction by any Magistrate of Police 1 of the place at which such Court is held.

Court.

48. All fines imposed under the authority of this Act may, in case of non- Levy of fines payment thereof, be levied by distress and sale of the offender's moveable by distress. property by warrant under the hand of the officer imposing the fine.

Procedure un. til return

49. In case any such fine shall not be forthwith paid, such officer may order the offender to be arrested and kept in safe custody until the return made to dis. can be conveniently made to such warrant of distress, unless the offender tress warrant. shall give security to the satisfaction of such officer for his appearance at such place and time as shall be appointed for the return of the warrant of distress.

if no sufficient distress.

50. If upon the return of the warrant it shall appear that no sufficient Imprisonment distress can be had whereon to levy such fine, and the same shall not be forthwith paid, or

in case it shall appear to the satisfaction of such officer, by the confession of the offender or otherwise, that he has not sufficient moveable property whereupon such fiue could be levied if a warrant of distress were issued,

any such officer may, by warrant under his hand, commit the offender to prison, for any term not exceeding two calendar months when the amount of fine shall not exceed fifty rupees, and for any term not exceeding four calendar months when the amount shall not exceed one hundred rupees, and for any term not exceeding six calendar months in any other case, the commitment to be determinable in each of the cases aforesaid on payment of the amount of fine.

VII.-Miscellaneous.

Rules of pro-
Pársí Matri-

cedure of

monial

51. Subject to the provisions contained or referred to in this Act, the High Court shall make such rules and regulations concerning the practice and procedure of the Pársí Chief and District Matrimonial Courts in the Presidency Courts to or Government in which such High Court shall be established, as it may from be made by High Court. time to time consider expedient, and shall have full power from time to time to revoke or alter the same.

1 The reference should now be read as to "Presidency Magistrate, see the Code of Criminal Frocedure, 1898 (Act V of 1898), s. 3.

2 For rules made under this section for the Pársí Chief and District Matrimonial Courts of the Bombay Presidency, see Bombay List of Local Rules and Orders, Ed. 1896, pp. 28 and 31.

Preamble.

Division of

Power to invest chief executive

officer with powers of

Local Govern. ment.

(VII.-Miscellaneous. (Sec. 52). Schedule.)

Intestate Succession among Pársís. (Sec. 1.) [1865: Act XXI.

All such rules, revocations and alterations shall be published in the official Gazette.

52. The Governor General of India in Council may invest the chief executive officer of any part of British India under the immediate administration of the Government of India with the powers vested by this Act in a Local Government. 53. [Commencement and extent of Act.] Rep. by the Repealing Act, 1876 (XII of 1876).

SCHEDULE.

(See section 6.)

[10th April 1865.]

An Act to define and amend the Law relating to Intestate
Succession among the Pársís.

WHEREAS it is expedient to define and amend the law relating to intestate succession among the Pársís; It is enacted as follows:

1. Where a Pársí dies leaving a widow and children, the property of which

1 Short title, "The Pársí Jntestate Succession Act, 1865." See the Indian Short Titles Act, 1897 (XIV of 1897).

For Statement of Objects and Reasons of the Bill which was passed into law as Act XX of 1865, see Gazette of India, 1865, p. 219; for Proceedings relating to the Bill, see ibid, Supplement, pp. 68, 99, 113 and 164.

This Act has been declared to be in force in the whole of British India, except as regards the Scheduled Districts, by s. 3 of the Laws Local Extent Act, 1874 (XV of 1874), printed, General Acts, Vol. II.

It has also been declared to be in force in the Arakan Hill District by the Arakan Hill Dis trict Laws Regulation, 1874 (IX of 1874), s. 3 [printed, Burma Code, Ed. 1889, p. 353].

(Secs. 2-6.)

among

he shall have died intestate shall be divided among the widow and children, property so that the share of each son shall be double the share of the widow, and that widow and her share shall be double the share of each daughter.

children of intestate.

2. Where a female Pársí dies leaving a widower and children, the pro- Division of perty of which she shall have died intestate shall be divided among the property widower and such children, so that his share shall be double the share of each widower and of the children.

3. When a Pársí dies leaving children but no widow, the property of which he shall have died intestate shall be divided amongst the children, so that the share of each son shall be four times the share of each daughter.

the

4. When a female Pársí dies leaving children but no widower, the property of which she shall have died intestate shall be divided amongst children in equal shares.

among

children of intestate.

Division of property amongst children of male intesta te leaving no widow.

Division amongst

children of female intestate leaving

no widower.

Division of predeceased child's share

5. If any child of a Pársí intestate shall have died in his or her lifetime, the widow or widower and issue of such child shall take the share which such child would have taken if living at the intestate's death in such manner as if among widow such deceased child had died immediately after the intestate's death.

6. Where a Pársí dies leaving a widow or widower, but without leaving any lineal descendants, his or her father and mother, if both are living, or one of them if the other is dead, shall take one moiety of the property as to which

It has been declared, by notification under s. 3 (a) of the Scheduled Districts Act, 1874 (XIV of 1874), printed, General Acts, Vol. II, to be in force in the following Scheduled Districts, namely:

Sindh

West Jalpaiguri

or widower and issue of

such child.

Division of property when leaves widow

intestate

The Districts of Hazáribágh,
Lohardaga and Mánbhum,

and Pargana Dhálbhum and
the Kolhán in the District

It has been declared, by notification under s. 3 (6) of the last-mentioned Act, not to be in force in the Scheduled District of Lahaul. See Gazette of India, 1886, Pt. I, p. 301.

It has been extended, by notification under s. 5 of the same Act, to the Scheduled District of the North-Western Provinces Tarái, See Gazette of India, 1876, Pt. I, p. 505.