Marriage under Parsi Law

 MARRIAGE UNDER PARSI LAW

An act amends the law relating to marriage and divorce among Parsis. It extends to whole of India and is not applicable to residents of the UT of Pondicherry.   

CONDITIONS FOR VALID APRSO MARRIGAE:

Section 3 requisites to validity of Parsi marriages. According to section 3(1) marriage can be valid if: 

1. The contracting parties are related to each other in any of the degrees of consanguinity or affinity set forth in schedule 1; or 

2. Such marriages is not solemnized according to the Parsi form of ceremony called “Ashirvad” by a priest in the presence of two Parsi witnesses other than priest; or

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

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. 

STRICT MONOGAMY:

As per section 4, no Parsi shall contract any other marriage whether under this Act or any other law in the lifetime of his/her spouse marriage or declaration of annulment of such marriage as being null and void. 

According to section 5, punishment for bigamy – section 494/495 IPC.

As per section 11, officiating Priest to be penalized for solemnizing bigamous marriage. The default party will be liable for six month simple imprisonment or fine up to INR 200. 

VOID MARRIAGE: 

A marriage under Parsi Law is void if:

• It is within degrees of consanguinity of marriage- Ashirwad (section 3)

• If non performance of ceremony of marriage- Ashirwad (section 3)

• If bride and groom are below 18 or 21 years of age, respectively (section 3)

• If bigamy (section 4)

• Due to non-consummation owing to natural cause. (Impotency) (section 30)

However, children born out of void marriage are considered as legitimate (section 3)

SOLEMNIZATION OF PARSI MARRIAGE:

• Parsi ceremony called “Ashirwad” must be conducted by a priest in the presence of two Parsi Witnesses (section 3)

• Officiating priest to immediately certify the marriage. Certificate to eb signed by the contracting parties and the witnesses (section 6)

• Certificate to be sent by the priest to the office of registrar. Fee of INR 2 to be paid by husband (section 6)

• Penalty for negligence by the officiating Priest in the matter of certification and Registration (section 12) – three months SI or fine up to INR 100.

• Penalty for failing to rester certificate received pursuant to section 6 by the registrar (section 15) – up to 1 year SI or up to INR 1000.