The Parsi community in India is governed by the Parsi Marriage and Divorce Act, 1936, which also addresses other family issues. The Parsis are a Zoroastrian minority religious group in India that is predominantly based in Mumbai. The British Indian government passed the Act in 1936, and it was later revised in 1988. The Act mandates the registration of weddings and divorces and is applicable to all Parsis. It also specifies guidelines for child custody, support, and other relevant issues. Marriages between two Parsis are only permitted under the Act if both parties are of sound mind and have reached the age of 21 for men and 18 for women.

Who is Parsi?

Many people migrated from Persia to the sub-continent of India during the Muslim conquest, that migrated religious group is known as Parsi.

1. People who are descendants of original person emigrants.
2. A person whose father is or was a Parsi and mother an alien but admitted to the Zoroastrian faith.
3. Zoroastrians from Iran who reside in India.

MARRIAGE UNDER PARSI MARRIAGE AND DIVORCE ACT, 1936:

VALID MARRIAGE: Sec 3(1) of this act, provides for the requisite/ essentials for the marriage to be valid under this act- (a) the contracting parties are not related to each other in any of the degrees of consanguinity or affinity.

(b) such marriage is solemnized according to the Parsi form of a ceremony called ‘Ashirvad’ by a priest in the presence of two Parsi witnesses other than a such priest.

(c) in the case of any Parsi (whether such Parsi has changed his or her religion or domicile or not) who, if a male, has completed twenty-one years of age, and if a female, has completed eighteen years of age.

According to Parsi law, a child cannot be penalized because one of their parents is not legally their parent. As a result, the children of a null marriage is considered a legitimate child. The child born to an invalid marriage is just as legitimate as if he had been the product of a valid marriage, even if the marriage was void because it violated the standards outlined in section 3(1) of the Act. The clause applies both going forward and going back. Contrary to Hindu and Special Marriage Act, the Parsi Act permits children of invalid marriages to inherit property from both sets of parents.

MARRIAGE NOT INVALID FOR FORMAL IRREGULARITIES

Formal irregularities mentioned under section 17 of the Act:

1. Marriage certificate not certified as per the terms of this act.
2. Certificate of marriage not sent to the registrar within the prescribed limit of time.
3. The defective, irregular, or incorrect marriage certificate was issued.

The Priest, anyone assisting or helping the Priest, the Registrar, the subordinates and/or associates of Registrars, all of these people are susceptible to the severe punishment. The marriages are not, however, deemed invalid within Section 17 because of the imposition of a penalty or because of procedural irregularities.

Monogamy

Monogamy is professed as per Parsi law. Therefore, the second marriage is prohibited under this act, during the existence of the first marriage.

Penalty for bigamy

The second marriage is void. Section 5 makes the second marriage penal and provides for a penalty by subjecting the parties to the provision of sections 494 and 495 of the Indian Penal Code. The Priest who ventures to solemnize the second marriage to invites punishment for himself under section 11 of the Act. Punishment for the priest contravening and violating the provisions of Section 4 of the Act is simple imprisonment up to 6 months or with a fine of up to 2000/- or with both.

REMARRIAGE WHEN UNLAWFUL

A Parsi whether he has changed his or her religion or domicile or not shall contract any marriage under this Act in the lifetime of his or her wife or husband except his or her lawful divorce from such wife or husband or after his or her marriage is declared null and void or dissolved contracted marriage contrary to this provision shall be void.

REGISTRATION OF THE MARRIAGE :

Sec 6 – Provide for certificate and registry of marriage

Every marriage contracted under this Act shall, immediately on the solemnization thereof, be certified by the officiating priest in the form contained in Schedule II. The certificate shall be signed by the said priest, the contracting parties, and two witnesses present at the marriage; and the said priest shall thereupon send such certificate together with a fee of two rupees to be paid by the husband to the Registrar of the place at which such marriage is solemnized. The Registrar on receipt of the certificate and fee shall enter the certificate in a register to be kept by him for that purpose and shall be entitled to retain the fee.

Sec 7 – Registrar

to be appointed by Chief Justice or State Government within the local limits

For the purposes of this Act a Registrar shall be appointed. Within the local limits of the ordinary original civil jurisdiction of a High Court, the Registrar shall be appointed by the Chief Justice of such Court, and without such limits, by the State Government. Every Registrar so appointed may be removed by the Chief Justice or State Government appointing him.

Sec 8 – The marriage register is a public document and should be open for public inspection

The register of marriage mentioned in section 6 shall, at all reasonable times, be open for inspection, and certified extracts therefrom shall, on application, be given by the Registrar on payment to him by the applicant of two rupees for each such extract. Every such register shall be evidence of the truth of the statements therein contained.

Sec 9 – Copy of certificate sent to registrar general of births, deaths, and marriage

Every Registrar, except the Registrar appointed by the Chief Justice of the High Court of Judicature at Bombay, shall, at such intervals as the State Government by which he was appointed from time to time directs, send to the Registrar-General of Births, Deaths, and Marriages for the territories administered by such State Government, a true copy certified by him in such form as such State Government from time to time prescribes, of all certificates entered by him in the said register of marriages since the last of such intervals.

Sec 13 – Penalty for committing to subscribe and attest certificate fine of not exceeding 100 rupees

Every other person required by section 6 to subscribe or attest to the said certificate who shall wilfully omit or neglect so to do, shall, on conviction thereof, be punished for every such offense with a fine not exceeding one hundred rupees.

GROUNDS FOR DISSOLUTION OF MARRIAGE: UNDER Parsi Marriage and Divorce Act

Divorce under Parsi law is governed by the Parsi Marriage and Divorce Act,1936 and this act explicitly states that this act governs and elucidates about the provisions of marriage and divorce of Parsis and Irani communities in India. This act extends to whole of India except the state of Jammu & Kashmir. This act was enacted and enforced by the Parsi marriage and divorce (Amendment)Act, 1988 which was mainly constituted to change the archaic rules which were more discriminatory in nature.

Matrimonial suits

In Parsi Divorce Act one of the partners may dissolve marriages by three means: Nullity cases: Unless the consummation is unlikely because of natural causes, the marriage may be declared null or void.

Any married person may sue for divorce on any one or more of the following grounds,

1. that the marriage has not been consummated within one year after its solemnization owing to the wilful refusal of the defendant to consummate it.
2. that the defendant at the time of marriage was of unsound mind and has been habitually so up to the date of the suit.
3. that the defendant was at the time of the marriage pregnant by some person other than the plaintiff.
4. that the defendant has since the marriage committed adultery, fornication, bigamy, rape, or an unnatural offense.
5. that the defendant has since the marriage voluntarily caused grievous hurt to the plaintiff.
6. That the defendant is undergoing a sentence of imprisonment for seven years or more for an offense as defined in the Indian Penal Code.
7. That the defendant has deserted the plaintiff for at least two years.
8. Contemplates filing of suit for divorce on the ground that an order has been passed against the defendant.
9. That the defendant has ceased to be a Parsi

Reasons for marriage dissolution:

When a husband or wife are separated from one another for a period of seven years. The complainant shall take the co-defendant in any proceedings in relation to adultery divorce unless otherwise directed by the Court, and the Court shall, in all other proceedings in connection with which the adultery is supposed to have been committed, order the adulterer to pay the whole or part of the proceedings’ costs. If a husband has abandoned his cohabitation with his wife,deserted or, with out a valid reason, has ceased to co-exist with his spouse,the party so deserted or with whom co-existence so stopped may, if satisfied with the truth of the claim in the plea, sue for reimbursement of his or her conjugal rights and the Court.

CUSTODY OF THE CHILDREN

In any suit under this Act, the Court may from time to time pass such interim orders and make such provisions in the final decree as it may deem just and proper with respect to the custody, maintenance, and education of the children under the age of eighteen years, the marriage of whose parents is the subject of such suit, and may, after the final decree upon application, by petition for this purpose, make, revoke, suspend or vary from time to time all such orders and provisions with respect to the custody, maintenance, and education of such children as might have been made by such final decree or by interim orders in case the suit for obtaining such decree were still pending.

In any proceeding under the present Act, the Court may from time to time pass these interim order sin respect of the custody, maintenance,and training of children under 6 years of age (till 18 years) in a definitive judgment which it finds fair and proper to marry the parent to which the case relates, and may, upon request, apply for the final order. If it has been made to the Tribunal that a wife has a right to any possession or reversal of property, the Court may order a settlement of that right which it finds it fair to make of any part of that property not exceeding one-half of it for the benefit of thin any case in respect of which a decree of divorce or judicial separation for the adulteries of a wife is given.

In conclusion, it can be said that while Parsi law is largely comprehensive and well-organized, there are still many modifications and changes that must be made in order to make it comparable to other personal laws. Parsi law already has the power to bring about change; all it needs is some guidance to establish itself, compete, and take a position.