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PARSI MARRIAGE AND DIVORCE ACT

Ministry of Law and Justice

Act nº 3 of 1936


  • Part I
  • Part II
  • Part III
  • Part IV
  • Part V
  • Part VI
  • Schedules
  • Amending Acts
  • Act nº 3 of 1936

Preamble

THE PARSI MARRIAGE AND DIVORCE ACT, 1936

[Act, No. 3 of 1936]

[23rd April, 1936]

PREAMBLE An Act to amend the law relating to marriage and divorce among Parsis.

WHEREAS it is expedient to amend the law relating to marriage and divorce among Parsis; It is hereby enacted as follows:

Part I

Section 1. Short title, extent and commencement

(1) This Act may be called the Parsi Marriage and Divorce Act, 1936.

(2) [Substitute by Act 3 of 1951, Section 3 and Schedule for certain words.] [It extends to the whole of India except the State of Jammu and Kashmir]:

Provided that the Central Government may, in respect of {Subs. by the Adaptation of Laws (No.3) Order, 1956 for " Part BStates } [territories which, immediately before the 1st November, 1956, were comprised in Part BStates] 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 modifications as may be specified in the notification.

(3) It shall come into force on such [22nd June, 1936: see Gazette of India, 1936, Part I, p.621.]date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context,

(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 the other party to a marriage without reasonable cause and without the consent, or against the will, of such party;

(4) " grievous hurt " means

(a) emasculation;

(b) permanent privation of the sight of either eye;

(c) permanent privation of the hearing of either ear

(d) privation of any member or joint;

(e) destruction or permanent impairing of the powers of any member or joint;

(f) permanent disfiguration of the head or face; or

(g) any hurt which endangers life;

(5) " husband " means a Parsi husband;

(6) " marriage " means a marriage between Parsis whether contracted before or after the commencement of this Act;

(7) a " Parsi " means a Parsi Zoroastrian;

(8) " priest " means a Parsi priest and includes Dastur and Mobed; and

(9) " wife " means a Parsi wife.

Part II

Section 3. Requisites to validity of Parsi marriages

1[(1)] No marriage shall be valid if-

(a) the contracting parties are related to each other in any of the degrees of consanguinity or affinity set forth in Schedule I; or

(b) such marriage is not solemnized according to the Parsi form of ceremony called " Ashirvad " by a priest in the presence of two Parsi witnesses other than such priest; or

2[(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, fund if a female, has not completed eighteen years of age.]

3[(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.]

1. Section 3 renumbered as sub-seciton (1) thereof by the Parsi Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988.

2. Substituted for "in the case of any Parsi (whether such Parsi has changed has or her religion or domicile or not) who has not completed the age of twenty-one years, the consent of his or her father or guardian has not been previously given to such marriage." By the Parsi Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988.

3. Inserted by the Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988.


Section 4. Remarriage when unlawful

(1) No Parsi (whether such Parsi has changed his or her religion or domicile or not) shall contract any marriage under this Act or any other law in the lifetime of his or her wife or husband, whether aParsi 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{ Rep.by this Act.}, or under this Act, except after a divorce, declaration or dissolution as aforesaid under either of the said Acts.

(2) Every marriage contracted contrary to the provisions of subsection (1) shall be void.

Section 5. 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, shall be subject to the penalties provided in sections 494 and 495 of the Indian Penal Code (45 of 1860) for the offence of marrying again during the lifetime of a husband or wife.

Section 6. 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,1[***], 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.

1. The words "or their fathers or guardians when they shall not have completed the age of twenty-one years" omitted by the Parsi Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988.


Section 7. Appointment of Registrar

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.

Section 8. Marriage register to be open for public inspection

The register of marriages mentioned in section 6 shall, at all reasonable times, be open for inspection, and certified extracts there from 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.

Section 9. Copy of certificate to sent to Registrar General of births Deaths and Marriages

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.

Section 10. Registration of divorces

When a Court passes a decree for divorce, nullity or dissolution, the Court shall send a copy of the decree for registration to the Registrar of Marriages within its jurisdiction appointed under section 7; the Registrar shall enter the same in a register to be kept by him for the purpose, and the provisions of Part II applicable to the Registrars and registers of marriages shall be applicable, so far as may be, to the Registrars and registers of divorces and decrees of nullity and dissolution.

Section 11. Penalty for solemnizing marriage contrary to section 4

Any priest [knowingly and wilfully solemnizing any marriage contrary to and in violation of section 4 shall, on conviction thereof, be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.

Section 12. Penalty for priests neglect of requirements of section 6

Any priest neglecting to comply with any of the requisitions affecting him contained in section 6 shall, on conviction thereof, be punished for every such offence with simple imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees' or with both.