DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.22900#0320
chap, v.] THE MATRIMONIAL COURT.
273
the reasons which induced the select committee of
the Legislative Council to substitute the matrimonial
O
courts for the Panchayet. The Honourable Mr.
Anderson, in moving that the committee's report
be taken into consideration, said :—
"The principal alteration in the Bill is the substitution of
Parsi matrimonial courts for Panchayets. With reference to
Panchayets I would wish to offer a very brief explanation. The
term taken by the Parsis from the Hindus around them has not
been very happily chosen, and it does not convey the idea of
the kind of tribunal which it was in contemplation to establish.
That tribunal was one of which the members were to be chosen
by the Parsis themselves, and of which the members were men
in whom the Parsis had confidence. But it was never intended
that the rude ' under the tree' mode of investigation which the
idea of a Panchayet suggests should be adopted. But I freely
admit that the Parsi matrimonial courts will constitute far more
efficient tribunals than the Panchayets, and that they will fulfil
all the conditions which the Legislature has a right to impose
on an institution which it invests with grave responsibilities. It
is proposed, then, to establish Parsi chief matrimonial courts in
the Presidency towns of Calcutta, Madras, and Bombay, and
Parsi district matrimonial courts in such places as the discretion
of the Governor-General in Council and the local Governments
may suggest. A district under the Act may include more than
one ordinary judicial district; and such places in which, on account
of the fewness of the Parsi inhabitants, the local Governments
shall not tleem it necessary to establish matrimonial courts, are
to be regarded as under the jurisdiction of the chief matri-
monial courts in the Presidency towns. The matrimonial courts
in Calcutta, Madras, and Bombay are to be presided over by the
Chief Justice, or other judge of Her Majesty's High Court of
Judicature in those towns, aided by eleven delegates, and the
district matrimonial courts by a district judge aided by seven
delegates.
" The delegates are to be Parsis, appointed by the local
VOL. T. T
273
the reasons which induced the select committee of
the Legislative Council to substitute the matrimonial
O
courts for the Panchayet. The Honourable Mr.
Anderson, in moving that the committee's report
be taken into consideration, said :—
"The principal alteration in the Bill is the substitution of
Parsi matrimonial courts for Panchayets. With reference to
Panchayets I would wish to offer a very brief explanation. The
term taken by the Parsis from the Hindus around them has not
been very happily chosen, and it does not convey the idea of
the kind of tribunal which it was in contemplation to establish.
That tribunal was one of which the members were to be chosen
by the Parsis themselves, and of which the members were men
in whom the Parsis had confidence. But it was never intended
that the rude ' under the tree' mode of investigation which the
idea of a Panchayet suggests should be adopted. But I freely
admit that the Parsi matrimonial courts will constitute far more
efficient tribunals than the Panchayets, and that they will fulfil
all the conditions which the Legislature has a right to impose
on an institution which it invests with grave responsibilities. It
is proposed, then, to establish Parsi chief matrimonial courts in
the Presidency towns of Calcutta, Madras, and Bombay, and
Parsi district matrimonial courts in such places as the discretion
of the Governor-General in Council and the local Governments
may suggest. A district under the Act may include more than
one ordinary judicial district; and such places in which, on account
of the fewness of the Parsi inhabitants, the local Governments
shall not tleem it necessary to establish matrimonial courts, are
to be regarded as under the jurisdiction of the chief matri-
monial courts in the Presidency towns. The matrimonial courts
in Calcutta, Madras, and Bombay are to be presided over by the
Chief Justice, or other judge of Her Majesty's High Court of
Judicature in those towns, aided by eleven delegates, and the
district matrimonial courts by a district judge aided by seven
delegates.
" The delegates are to be Parsis, appointed by the local
VOL. T. T