Introduction
In Parsi there is separate law regarding the Marriage, The Act is knows as Parsi Marriage and Divorce Act, 1936. In Parsi , the Marriage ceremony is valid only after the Aashirvaad. Parsi Marriage is also regarded as a Contract though religious Ceremony of Aashirvaad is essential for Validity of Parsi marriage. The actual meaning of Aashirvaad is blessing. It is a prayer or divine exhortation to the Parties to observe their marital obligations with faith. In Parsi there is equal treatment to both the genders. The rights as well as remedies are prescribe equally for both the Husband and the wife under the Parsi Law. In Parsi law Valid conditions for Marriage is provided under Sec. 3 of Parsi marriage and divorce Act, 1936.
Who Are Known As Parsi In India
During the Muslim conquest of Persia many people migrated from Persia to sub-continent of India that migrated religious group are known as Parsi.
Essentials of Valid Parsi marriage
Under Sec. 3 of Parsi Marriage and Divorce Act, 1936 there is Requisites to Validity of Parsi Marriage..
When Marriage is Not Valid:
(a) the contracting parties are related to each other in any of the degrees of consanguinity or affinity.
(b) such marriage is not solemnize according to the Parsi form of ceremony called ‘Ashirvad’ by a priest in the presence of two Parsi witnesses other than 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 not completed twenty-one years of age, and if a female, has not completed eighteen years of age.
(2) Notwithstanding that a marriage is invalid under any of the provisions of sub-section(1), any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate.
Sec. 4 of The Parsi Marriage and Divorce Act, 1936 deals with Provision of Remarriage when Unlawful. No Parsi shall contract any marriage under the law in the lifetime of his or her wife or husband, whether a Parsi or not, except after his or her lawful divorce from such wife or husband or after his or her marriage with such wife or husband has lawfully been declared null and void or dissolved, and, if the marriage was contracted with such wife or husband under the Parsi Marriage and Divorce Act, 1865, or under this Act, except after a divorce, declaration of dissolution as aforesaid under either of the said Acts.
Sec 5. Of Parsi Marriage and Divorce Act, 1936 deals with the Punishment of Bigamy. Every Parsi who during the lifetime of his or her wife or husband, whether a Parsi or not, contracts a marriage without having been lawfully divorced from such wife or husband, or without his or her marriage with such wife or husband having legally been declared null and void or dissolved.
Under sec. 494 of Indian penal Code
Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Under Sec. 495 of Indian Penal code
Whoever commits the offense of Marriage under Sec. 494 then having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Sec. 6 of Parsi and Divorce Act, 1936 deals with certificate and registry Of Marriage. The Marriage shall be solemnize and certified by the officiating Pries in the form contained in Schedule II. The certificate shall be signed by the priest in presence of contracting parties and two witnesses and after receiving certificate the husband need to pay ₹200 to Registrar after which the marriage is solemnize.
Sec. 7 of Parsi Marriage and Divorce act deals with the Appointment of Registrar. For the marriage Act 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 appointed Registrar may be
removed by the Chief Justice or State Government appointing him.
Sec.17 provides that no marriage contracted under this Act shall be deemed to be invalid solely by reason of the fact that it was not certified under Section 6, or the certificate was defective, irregular or incorrect.
There are three means by which Partners may dissolve marriage Under Parsi Divorce Act.
Nullity cases
Unless the consummation is unlikely because of natural causes, the marriage may be declared null or void.
Ground of Divorce
Any married person may sue for Divorce if ~
a) if marriage has not been consummated within a year of it’s officially declaration then the defendant deliberate failure to conduct it.
b) If Defendant was mentally ill or was of unsound mind during the time of marriage.
c) If Defendant was pregnant by some other person at the time of marriage, then divorce shall be granted unless the Plaintiff was not aware of it at time of marriage and has file suit within 2 years of marriage and there is no physical relation between them after knowing the fact.
Suits for dissolution of marriage
If a husband or wife have been living separate from each other for a space of 7 years.
Section 32-B added by the Amendment Act of 1988 provides for divorce by mutual consent.
Sec. 11,12,13,14,15 and 16 deals with the penalties
Sec. 11provide penalty for Solemnize marriage contrary to sec.4 shall be punished with simple imprisonment which may extend to six months or with fine which may extend to ₹200 or with both.
Sec. 12 provide that if priest’s neglect any essentials of Sec. 6 than shall be punishable for three months imprisonment or with fine which may extend to ₹100.
Sec.13 provide penalty for omitting to subscribe and attest certificate.
Sec. 14 deals with Penalty for making false certificate.
Sec. 15 deals with Penalty failing to register certificate.
Sec. 16 provide Penalty For Secreting destroying or altering register.
Sec. 17 deals with Formal irregularity not to invalidate marriage. —No marriage contracted under this Act shall be deemed to be invalid solely by reason of the fact that it was not certified under section 6, or that the certificate was not sent to the Registrar, or that the certificate was defective, irregular or incorrect.
References..
:Parsi Marriage And Divorce Act 1936, https://indiacode.nic.in/handle.
: https://indiankanoon.org/search
