AIR 1951 BOMBAY 14 ::52 Bom L R 876

Bombay High Court

Hon'ble Judge(s): Chagla , C.J. AND Gajendragadkar , J

(A) Parsi Marriage and Divorce Act (3 of 1936) , S.29— Section, if confers jurisdiction on Court. Section 29 merely indicates the proper Court in which a suit can be brought. But the section postulates that the suits which are brought are suits with jurisdiction. The section by itself does not confer any jurisdiction where there is no jurisdiction in the Court.(Para 2) Anno. Parsi Marriage and Divorce Act, S.29 N. 1. (B) Parsi Marriage and Divorce Act (3 of 1936) , S.2(7), S.18— Iranian temporarily residing in India, if Parsi - Parsi Chief Matrimonial Court, if has jurisdiction over such person. An Iranian who temporarily resides in India, who is registered as a foreigner and whose domicile continues to be Parsian domicile does not become a Parsi merely because he is a Zoroastrian and his race is the same as that of the Parsis in India. As he is not a Parsi, the Parsi Marriage and Divorce Act does not apply to him. He cannot be married under that Act, and the Parsi Chief Matrimonial Court set up under that Act can have no jurisdiction over him.(Para 2) Anno. Parsi Marriage and Divorce Act, S.2, N.1; S.18, N.1; S.29, N.1. .....