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This Act regulates the law of marriage and divorce among Parsis in India. It provides for the requirements, registration, dissolution and consequences of Parsi marriages, as well as the constitution and jurisdiction of Parsi Matrimonial Courts.
- 457KB
- 18
- Introduction
- Who Are Parsis
- Parsi Marriage and Divorce Act 1936
- Conclusion
- Frequently Asked Questions
- References
The Parsi marriage is also considered important for its validity to be a contract via an Ashirvad religious ceremony. The word ‘Ashirvad’ literally means blessings. A prayer or God’s call to the parties to comply with their marital duties of trust. The marriage and divorce are stated in a separate act for Parsis, known as theParsi Marriage and Divo...
The Bombay High Court, in the case of Sir Dinshaw Manockji Petit v. Sir Jamsetji Jeejeebhoy (1908)observed that the Iranies from Persia who come to India, either temporarily or permanently, and profess the Zoroastrian religion, along with the children of Parsi fathers by alien mothers who have been duly and properly admitted into the religion, make...
Important definitions
Section 2 of the Parsi Marriage and Divorce Act,1936states the important definitions given below- 1. “Chief Justice” includes senior Judge; 2. “Court” means a Court constituted under this Act; 3. to “desert” together with its grammatical variations and cognate expressions, means to desert 4. the other party to marriage without reasonable cause and without the consent, or against the will, of such party; “grievous hurt” means— (a) emasculation; (b) permanent privation of the sight of either ey...
Applicability
1. Marriage shall not apply if, in any degree of consanguinity that is both contracting parties relate to each other and share the same ancestry. 2. Marriages are not valid in Parsi Law when marriages are not solemnized by the priest with two Parsi witnesses in attendance. 3. A marriage shall not be accepted if the husband is 21 years old and the wife is 18 years old. 4. When marriage is not valid as set out above, a child born out of that marriage will be illegitimate.
Marriage between Parsis
Requisites of a valid marriage No Marriage shall be valid if— (a) the Contracting Parties, in the presence of two other Parsi witnesses other than that priest, have a relationship with each other at any level of consanguinity or affinity as defined in Schedule I; or (b) such marriage shall be solemnized by any Parsi form of a ceremony called “Ashirvad” by a priest or (a) any Parsi (if that Parsi has changed). Punishment for bigamy Any Parsi, who has been married during his or her life, is sub...
The Parsis are an endogamous group of solely monogamous people. Marriage between priestly and non-priestly families was often avoided. Given these constraints and the small size of the group, it is not surprising that close family members are possible partners. Although the incidence of cross and parallel marriages is not common — less than 1% of a...
What principles govern the Parsi Personal Laws?
Parsi law is the body of law that governs India’s Parsi Zoroastrian community. The legal tradition of the nineteenth century is essentially where Parsi law originates. The principles such as marriage, divorce, maintenance, alimony, child protection, etc. are some of the principles that govern the Parsi personal laws.
Why do the Parsis have their own distinct personal law?
The Zoroastrian religion is practised by the Parsis, who have different beliefs from the Hindus, Muslims, and Christians of India. They also have different personal rules. A Parsi marriage is a type of contract that is performed through a ceremony known as “Ashirvad,” which literally translates to “blessings,” and is governed by the Parsi Marriage and Divorce Act, 1936. Since there is no formal adoption among Parsis, if a Parsi couple wishes to become parents, the child would not automaticall...
- Ayush Verma
This web page contains the full text of the Act that regulates marriage and divorce among Parsis in India. It also includes the amendments made in 1988 and 2001, and the statement of objects and reasons for each amendment.
Learn about the legal provisions and procedures for Parsi marriages, divorces, and remarriages in India. Find out the conditions, penalties, courts, and FAQs related to the Parsi Marriage and Divorce Act of 1936.
- As per Section 3 of the Parsi Marriage and Divorce Act, a matrimonial union shall be valid only under the following conditions - the marriage must...
- As per Section 6 of the Act, the officiating priest of every Parsi marriage shall certify all solemnised matrimonial unions. The certificate is to...
- The Parsi Chief Matrimonial Court and the Parsi District Matrimonial Court are the two types of courts set up under the Act for the resolution of m...
- Some grounds of divorce under the Act are as follows - the defendant has forced his wife to enter into the prostitution industry, the defendant has...
The Parsi Marriage and Divorce Act, 1936: Long Title: An Act to amend the law relating to marriage and divorce among Parsis. Ministry: Ministry of Govt of Maharashtra: Department: Law and Judiciary Department: Enforcement Date: 22-06-1936: Type: CENTRAL ACT (Ministry of Law and Justice, Legislative Department) Location: Maharashtra: Ref Act ID ...
THE PARSI MARRIAGE AND DIVORCE ACT, 1936 (ACT 3 OF 1936) (23rd April, 1936) Definitions : - In this Act, unless there is anything repugnant in the subject or context,-(5) "husband" means a Parsi husband: (6) "marriage" means a marriage between Parsi whether contracted before or after the commencement of this Act;
Aug 14, 2023 · Learn about the key aspects, provisions, and implications of the Parsi Marriage and Divorce Act, a legislation that governs the marital relationships of Parsis in India. Find out the requirements, grounds, and procedures for marriage, divorce, and related matters within the Parsi community.
