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   HomeArea of Practice Indian Marriage Laws Parsi Marriage Law

BRIEF NOTES ON...........


THE PARSI MARRIAGE AND DIVORCE ACT, 1936


It extends to the whole of India except the State of Jammu and Kashmir.

The Parsi Marriage and Divorce Act, 1936 regulates and governs the solemnization and dissolution of marriage among Parsis.

Provides that the {Central Government} may in respect of {territories which, immediately before the 1st November, 1956, were comprised in Part B Stages} by notification in the {Official Gazette}, direct that the provisions of this Act relating to the constitution and powers of parsi Matrimonial Courts and to appeals from the decisions and orders of such courts shall apply with such modification as may be specified in the notification.
  1. The legal requirements of a valid Parsi marriage are that the parties should not be related to each other within the degrees of consanguinity or affinity set forth in schedule I of the Act and the marriage shall be solemnized by “ASHIRVAD” of the priest and that the parties had completed the age of twenty one years. It advocates monogamy and punishes bigamy. All Parsi marriages have to be certified by the priest and signed by the contracting parties and the witnesses. The Certificate shall be sent to the Registrar of the place at which such marriage is solemnized.

  2. When a court passes a decree for divorce or nullity, the court shall send a copy of the decree for registration to the Registrar of Marriages. The State Government shall constitute Special Parsi Matrimonial Courts and appoint delegates to aid in the adjudication of cases and such delegates shall be deemed to the public servants. Suits for nullity, and suits for dissolution shall be filed in the Matrimonial Court as per Sections 30, 31 and 32 of the Act. Suits for judicial separation, and restitution of conjugal rights may be brought before the court on the grounds set forth under sections 35 and 36. But no suit can be field to enforce marriage on contract arising out of marriage when the husband is under 16 years or wife under 14 years of age. The Act provides for grant of alimony pendent elite as well as permanent alimony to the wife or her trustee. An appeal shall lie from the decision of the matrimonial court within 3 months time from the date of the order appealed. The Act empowers the court to pass order regarding custody of children, their maintenance and education as well as orders relating to the settlement of half of wife’s property for the benefit of children.

MARRIAGE LAWS RELATING TO PARSI


The Parsi Marriage & Divorce Act, 1936

Section 30
Consultation of the marriage becomes impossible due to natural causes.

Section 32

  1. Non-consummation of marriage within one year after the marriage due to willful refusal of the defendant.
  2. Unsoundness of mind at the time of marriage.
  3. Unsoundness of mind for a period of two years preceding the filing of suit.
  4. Mental disorder.
  5. Pregnant by some person other than the plaintiff.
  6. Adultery or fornication or bigamy or rape or an un-natural offence.
  7. Cruelty.
  8. Grievous hurt, venereal disease, compelling to prostitution.
  9. Undergoing a sentence for seven years.
  10. Desertion.
  11. Non-resumption of co-habitation for two years or more after awarding maintenance.
  12. Conversion to other religion from Parsi.

Section 32-B
Parties living separately for one year and upwards and they have not been able to live together and they mutually agreed to dissolve the marriage.

Section 36
Discretion by the spouse without lawful cause suit has to be filed for restitution.

Section 34
Same grounds as are applicable to divorce proceedings to divorce proceedings are liable for judicial separation.


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