Parsi Marriage and Divorce Act, 1936
No: 3 Dated: Apr, 23 1936
THE PARSI MARRIAGE AND DIVORCE ACT, 1936
ACT NO. 3 OF 1936
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:—
I.—PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the Parsi Marriage and Divorce Act, 1936.
(2) It extends to the whole of India except the State of Jammu and Kashmir*:
Provided that the Central Government may, in respect of territories which, immediately before the 1st November, 1956, were comprised in Part B States 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:
Provided further that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.
(3) It shall come into force on such date5 as the Central Government may, by notification in the Official Gazette, appoint.
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.
II.—MARRIAGES BETWEEN PARSIS
3. Requisites to validity of Parsi marriages.- (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
(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.