The Parsi Marriage And Divorce Act, 1936

 

 

Marriages Between Parsis

1. Requisites to the validity of Parsi marriages

   1. Marriage is not valid if both the contracting parties are related to each other in any of the degrees of consanguinity i.e. people descended from the same ancestors.
   2. In Parsi Law, a marriage is not valid if it is not solemnized by the priest in presence of two Parsi witnesses.
   3. A marriage will not be considered if the male is not 21 years old and the female has not completed 18 years of age.
   4. If the marriage is not valid as per the points are given above, any child of such marriage who would have been legitimate had the marriage been valid, shall be legitimate.

2. Punishment of bigamy

   Every Parsi who during the lifetime of his or her wife or husband, whether a Parsi or not, contracts a marriage again without having been divorced lawfully from such wife or husband, or without having his or her previous marriage been declared null and void or dissolved, shall be subject to the penalties provided by the Indian Penal Code for the offence of marrying again during the lifetime of his/her husband or wife.

Browse more Topics under Family Law I

• Mohammedan Law – Source of Muslim Law
• Mohammedan Law – Schools in Muslim Law
• Mohammedan Law – Shariat Act 1937
• Mohammedan Law – Marriage in Muslim Law
• Mohammedan Law – Divorce in Muslim Law
• Maintenance under Muslim Law
• Legitimacy and Parentage under Muslim Law
• Guardianship under Muslim Law
• Indian Divorce Act
• Christian Marriage Act
• Indian Succession Act

Matrimonial Suits

In Parsi law divorce act any of the spouses can get the marriage dissolved by the following three modes:-

1. Suits for nullity: A marriage can be declared null or void by either party if the consummation is impossible because of natural causes.
2. Grounds of divorce: Under the Parsi Law divorce act, any married person may sue for divorce on any one or more of the following grounds, namely:
   1. The marriage has not been consummated within 1 year after its solemnization because of the wilful refusal of the defendant to consummate it.

   2. The defendant at the time of the marriage was mentally ill or of unsound mind and has been habitually so up to the date of the suit.

   3. That the defendant was at the time of marriage pregnant by some person other than the plaintiff:
      Provided that divorce shall not be granted on this ground, unless

      • the plaintiff was at the time of the marriage unaware of the fact alleged,

      • the suit has been filed within 2 years of the date of marriage,

      • and marital intercourse has not taken place after the plaintiff came to know of the fact.
3. Suits for dissolution of marriage: If a husband or wife have been absent from each other for a space of 7 years.
   

Nature of Parsi Marriage

Grounds	Provisions	Relief
Impotency	Consummation is impossible because of natural causes. Either party may seek relief.	Void
Non- Consummation of Marriage	Non-Consummation within 1 year of marriage after solemnization owing to the wilful request of the respondent.	Divorce
Mental Illness / Abnormality	Unsound mind from the time of marriage and unto the date of suit.	Divorce
Pre-marriage Pregnancy	Wife, pregnant at the time of marriage. Plaintiff ignorant at the time of marriage, case to be filed within two years of the date of marriage.	Divorce

Question on Parsi Marriage

Ques 1. What is the relief in the ground of Non-consumption of marriage under Parsi Marriage and Divorce Act?

1. Void
2.  Divorce
3. No relief
4. All of the above

Ans. The correct answer is option ‘A’.