History of the Parsis : including their manners, customs, religion and present position : with coloured and other illustrations : in two volumes

272 HILSTORY OF THE PARSTS. [CHAP. V.

On this point the Commission was of opinion that, subject to such rules as to practice and procedure as were added by it in the draft Act, there would be no objection to the Parsi Panchayet being authorised as a tribunal for adjudicating on questions of Parsi marriage and divorce subject to appeal to the High Court.

The more far-seeing of the Parsis did not, however, view this proposal with favour. It would never have been possible to have always selected the best men of the community to act on the Panchayet, and thus it could never have commanded that respect which is always instinctively paid to properly constituted and authorised tribunals of the country. As the right of appeal to the High Court was reserved, every case decided by the Panchayet would have been taken on appeal before that Court. The Legislature therefore very rightly and wisely substituted the mode prescribed in the Act it had passed, by which all matrimonial causes among Parsis are decided in Bombay by a judge of the High Court, assisted by eleven Parsi delegates appointed by Government on their nomination by the Parsi Justices of the Peace for the city, and in the Mofussil by the judge and delegates who are duly selected by him in consultation with the community. The district courts are presided over by the judge of the Zilla (district). We may quote here