SC Agrees to Examine Validity of Parsi Marriage and Divorce Act

File photo of the Indian Supreme Court.

(Photo: Wikimedia Commons/Legaleagle86) 

The Supreme Court, on 24 November, agreed to examine a plea questioning the validity of provisions of the pre-independence era Parsi Marriage and Divorce Act and said it wanted to know the Centre's stand on the issue.

A bench of Justices Kurian Joseph and Amitava Roy asked the petitioner to serve a copy of the plea to the Additional Solicitor General and fixed the matter for hearing next week.

“Let’s seek the view of the Government of India. We want to have the view of the government,” the apex court said while hearing the plea filed by a Parsi woman.

The lawyer for the woman told the bench that they have challenged the provision of the Parsi Marriage And Divorce Act, 1936 which was akin to "jury system" in divorce matter which would have a pan-India effect.

The lawyer referred to the apex court’s decision holding the practice of divorce through instant ‘triple talaq’ among Muslims as illegal, void and unconstitutional, and said that this issue among Parsi has also to be considered.

During the brief hearing, the bench asked the petitioner that this provision under the Act was followed since 1936 and nobody has challenged it yet.

Responding to this, the counsel said, "Yes. Nobody has challenged it. Today, there are family courts covering all such matters except this issue. This has to be considered by this court."

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