III. PARSI MATRIMONIAL COURTS
Constitution of Special Courts under the Act
18. For the purpose of hearing suits under this Act, a special Court shall be constituted in such places [as the Government may] think fit.
[Omitted]
19. [Omitted by the Adaptation of Central Acts and Ordinances Order, 1949.]
Parsi District Matrimonial Courts
20. Every Court so constituted shall be entitled the Parsi District Matrimonial Court of the place at which it is constituted. Subject to the provisions contained in section 21, the local limits of the jurisdiction of such Court shall be conterminous with the limits of the district in which it is held. This 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 by [* * *] delegates.
Power to alter territorial jurisdiction of District Courts
21. The 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.
[Omitted]
22. [Omitted by the Adaptation of Central Acts and Ordinances Order, 1949.]
Court seals
23. 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.
Appointment of delegates
[24.(1) The Government shall 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 it may deem fit.
(2) The person so appointed shall be Parsis and their names shall be published in the official Gazette].
Power to appoint new delegates
25. The appointment of a delegate shall be for ten years; but he shall be eligible for reappointment for the like term or terms. Wherever a delegate shall die, or have completed his term of office, or be desirous or relinquishing his office, or refuse or become in capable or unfit to act or cease to be a parsi, or be convicted of an offence under the Penal Code or other law for the time being in force, or be adjudged insolvent, then and so often the 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.
Delegates to be deemed public servants
26. All delegates appointed under this Act shall be considered to be public servants within the meaning of the Penal Code.
Selection of delegates under section 20 to be from those appointed under section 24
27. The delegates selected under section 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 form the delegates appointed by the Government under section 24:
Provided that each party to the suit may, without cause assigned challenge any three of the delegates attending the Court before such delegates are selected and no delegate so challenged shall be selected.
Practitioners in Matrimonial Courts
28. All legal practitioners entitled to practice in [the High Court Division] shall be entitled to practice in any Court constituted under this Act, and all legal practitioners entitled to practice in a District Court shall be entitled to practice in any Parsi District Matrimonial Court constituted under this Act.
Court in which suits to be brought
29.(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.
(2) When the defendant shall at such time have left Bangladesh such suit shall be brought in the Court at the place where the plaintiff and defendant last resided together.
(3) In any case, whether the defendant resides in Bangladesh 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.
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Ministry of Law, Justice and Parliamentary Affairs