This article has been written by Mr. Sagar Dutta , a 4th year law student of St. Xavier’s University,Kolkata.

Abstract:

This research delves into the intricate and unique process of Parsi marriage registration, exploring the intersection of cultural traditions and legal requirements. Parsi marriages are characterized by a rich tapestry of customs and rituals that reflect the community’s Zoroastrian heritage. However, in contemporary times, adherence to legal formalities has become equally essential. This study aims to provide a comprehensive overview of the Parsi marriage registration process, examining the historical evolution, religious significance, and the legal framework governing these unions.

The research draws on a combination of primary and secondary sources, including historical records, legal documents, and interviews with community members and legal experts. It analyzes the challenges and intricacies involved in balancing the preservation of cultural practices with the necessity of compliance with modern legal standards. The study also sheds light on the evolution of Parsi marriage laws and their adaptation to societal changes.

Key findings include insights into the documentation requirements, the role of the Parsi Anjuman (community organization), and the legal implications of non-compliance. The research also explores the impact of globalization and changing demographics on the Parsi marriage registration process.

This study contributes to a broader understanding of how communities negotiate between tradition and legal obligations, offering valuable insights for policymakers, legal professionals, and members of the Parsi community alike. The findings aim to foster discussions on the preservation of cultural identity while navigating the complexities of contemporary legal frameworks.

Introduction

 

The Parsi community in India is governed by the Parsi Marriage and Divorce Act, 1936, which also addresses other family issues. The Parsis are a Zoroastrian minority religious group in India that is predominantly based in Mumbai. The British Indian government passed the Act in 1936, and it was later revised in 1988. The Act mandates the registration of weddings and divorces and is applicable to all Parsis. It also specifies guidelines for child custody, support, and other relevant issues. Marriages between two Parsis are only permitted under the Act if both parties are of sound mind and have reached the age of 21 for men and 18 for women.Many people migrated from Persia to the sub-continent of India during the Muslim conquest, that migrated religious group is known as Parsi.

1. People who are descendants of original person emigrants.
2. A person whose father is or was a Parsi and mother an alien but admitted to the Zoroastrian faith.
3. Zoroastrians from Iran who reside in India.

Body-

MARRIAGE UNDER PARSI MARRIAGE AND DIVORCE ACT, 1936:

VALID MARRIAGE: Sec 3(1) of this act, provides for the requisite/ essentials for the marriage to be valid under this act- (a) the contracting parties are not related to each other in any of the degrees of consanguinity or affinity.

(b) such marriage is solemnized according to the Parsi form of a ceremony called ‘Ashirvad’ by a priest in the presence of two Parsi witnesses other than a 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 completed twenty-one years of age, and if a female, has completed eighteen years of age.

According to Parsi law, a child cannot be penalized because one of their parents is not legally their parent. As a result, the children of a null marriage is considered a legitimate child. The child born to an invalid marriage is just as legitimate as if he had been the product of a valid marriage, even if the marriage was void because it violated the standards outlined in section 3(1) of the Act. The clause applies both going forward and going back. Contrary to Hindu and Special Marriage Act, the Parsi Act permits children of invalid marriages to inherit property from both sets of parents.

MARRIAGE NOT INVALID FOR FORMAL IRREGULARITIES

Formal irregularities mentioned under section 17 of the Act:

1. Marriage certificate not certified as per the terms of this act.
2. Certificate of marriage not sent to the registrar within the prescribed limit of time.
3. The defective, irregular, or incorrect marriage certificate was issued.

The Priest, anyone assisting or helping the Priest, the Registrar, the subordinates and/or associates of Registrars, all of these people are susceptible to the severe punishment. The marriages are not, however, deemed invalid within Section 17 because of the imposition of a penalty or because of procedural irregularities.

Monogamy

Monogamy is professed as per Parsi law. Therefore, the second marriage is prohibited under this act, during the existence of the first marriage.

Penalty for bigamy

The second marriage is void. Section 5 makes the second marriage penal and provides for a penalty by subjecting the parties to the provision of sections 494 and 495 of the Indian Penal Code. The Priest who ventures to solemnize the second marriage to invites punishment for himself under section 11 of the Act. Punishment for the priest contravening and violating the provisions of Section 4 of the Act is simple imprisonment up to 6 months or with a fine of up to 2000/- or with both.

REMARRIAGE WHEN UNLAWFUL

A Parsi whether he has changed his or her religion or domicile or not shall contract any marriage under this Act in the lifetime of his or her wife or husband except his or her lawful divorce from such wife or husband or after his or her marriage is declared null and void or dissolved contracted marriage contrary to this provision shall be void.

REGISTRATION OF THE MARRIAGE :

Sec 6 – Provide for 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, 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.

Sec 7 – Registrar

to be appointed by Chief Justice or State Government within the local limits

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.

Sec 8 – The marriage register is a public document and should be open for public inspection

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

Sec 9 – Copy of certificate sent to registrar general of births, deaths, and marriage

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.

Sec 13 – Penalty for committing to subscribe and attest certificate fine of not exceeding 100 rupees

Every other person required by section 6 to subscribe or attest to the said certificate who shall wilfully omit or neglect so to do, shall, on conviction thereof, be punished for every such offense with a fine not exceeding one hundred rupees.

GROUNDS FOR DISSOLUTION OF MARRIAGE: UNDER Parsi Marriage and Divorce Act

Divorce under Parsi law is governed by the Parsi Marriage and Divorce Act,1936 and this act explicitly states that this act governs and elucidates about the provisions of marriage and divorce of Parsis and Irani communities in India. This act extends to whole of India except the state of Jammu & Kashmir. This act was enacted and enforced by the Parsi marriage and divorce (Amendment)Act, 1988 which was mainly constituted to change the archaic rules which were more discriminatory in nature.

Matrimonial suits

In Parsi Divorce Act one of the partners may dissolve marriages by three means: Nullity cases: Unless the consummation is unlikely because of natural causes, the marriage may be declared null or void.

Any married person may sue for divorce on any one or more of the following grounds,

1. that the marriage has not been consummated within one year after its solemnization owing to the wilful refusal of the defendant to consummate it.
2. that the defendant at the time of marriage was of unsound mind and has been habitually so up to the date of the suit.
3. that the defendant was at the time of the marriage pregnant by some person other than the plaintiff.
4. that the defendant has since the marriage committed adultery, fornication, bigamy, rape, or an unnatural offense.
5. that the defendant has since the marriage voluntarily caused grievous hurt to the plaintiff.
6. That the defendant is undergoing a sentence of imprisonment for seven years or more for an offense as defined in the Indian Penal Code.
7. That the defendant has deserted the plaintiff for at least two years.
8. Contemplates filing of suit for divorce on the ground that an order has been passed against the defendant.
9. That the defendant has ceased to be a Parsi

Reasons for marriage dissolution:

When a husband or wife are separated from one another for a period of seven years. The complainant shall take the co-defendant in any proceedings in relation to adultery divorce unless otherwise directed by the Court, and the Court shall, in all other proceedings in connection with which the adultery is supposed to have been committed, order the adulterer to pay the whole or part of the proceedings’ costs. If a husband has abandoned his cohabitation with his wife,deserted or, with out a valid reason, has ceased to co-exist with his spouse,the party so deserted or with whom co-existence so stopped may, if satisfied with the truth of the claim in the plea, sue for reimbursement of his or her conjugal rights and the Court.

CUSTODY OF THE CHILDREN

In any suit under this Act, the Court may from time to time pass such interim orders and make such provisions in the final decree as it may deem just and proper with respect to the custody, maintenance, and education of the children under the age of eighteen years, the marriage of whose parents is the subject of such suit, and may, after the final decree upon application, by petition for this purpose, make, revoke, suspend or vary from time to time all such orders and provisions with respect to the custody, maintenance, and education of such children as might have been made by such final decree or by interim orders in case the suit for obtaining such decree were still pending.

In any proceeding under the present Act, the Court may from time to time pass these interim order sin respect of the custody, maintenance,and training of children under 6 years of age (till 18 years) in a definitive judgment which it finds fair and proper to marry the parent to which the case relates, and may, upon request, apply for the final order. If it has been made to the Tribunal that a wife has a right to any possession or reversal of property, the Court may order a settlement of that right which it finds it fair to make of any part of that property not exceeding one-half of it for the benefit of thin any case in respect of which a decree of divorce or judicial separation for the adulteries of a wife is given.

 

A Parsi, whether a man or a woman, is bound by the provisions of the Parsi Marriage Act even if he/she changes his faith or domicile when:

• He/she marries under this Act
• The spouse of the man/woman is alive or they have not been divorced 
• The marriage has not been declared null and void by the Court. 

The Act is all about laws relating to names and definitions of marriage in Parsi law, marriage registration, divorce, conjugal rights, judicial separation, marriage separation, adoption and rights of children, and grounds to file for matrimonial suits for Parsis and Zoroastrians. It also states about the Parsi Matrimonial Courts and the punishments offered by the Court for offences committed by the Priest when a couple is married under this law.

Eligibility criterion to marry under the Parsi Marriage and Divorce Act of 1936

A marriage can be solemnized under the Parsi Marriage Act if: –

1. The parties to the marriages are not related to each other by any degree of consanguinity or come from the same ancestral lineage.
2. The husband is 21 years old and the wife is 18 years old. If this rule has not been adhered to, the children born out of such wedlock will be considered illegitimate.
3. The bride and the groom do not have another living spouse when they are getting married. The Act prohibits bigamy. 

A marriage between two Parsis is not valid also if: –

1. The couple solemnizes their marriage by following the Parsi ceremony of “Ashirvad” either by a Parsi Priest or any other Parsi.
2. Marriages are not solemnized by the priest with two Parsi witnesses in attendance.
3. The parties to the marriage have not been lawfully divorced from their previous partner or their previous marriage is not declared null and void.  The Act prohibits remarriage unless a divorce decree (if any) is not finalized from the previous marriage.

Marriage Registration under the Parsi Marriage and Divorce Act of 1936

The Marriage registration between the parties to the marriage after solemnization is certified by an officiating priest. The marriage certificate has to be signed by the said priest, the couple and two other witnesses present at the couple’s marriage. Thereafter, the said priest shall send such a certificate together with a fee of Rs. 2 rupees, to be paid by the husband, to the Registrar of the place at which the marriage was solemnised. The Registrar after receiving the receipt of the certificate and fee shall enter the certificate in a Marriage register to be kept by and will be entitled to retain the fee.

A registrar will be appointed for marrying couples under this Act and such registrars will be appointed by the Chief Justice of the Courts within the local limits of the local jurisdiction. In most cases, the judges of the High Court or the State Government appoint such Registrars. Both authorities have the power to remove the Registrars as well. 

Divorce under the Parsi Marriage and Divorce Act of 1936

The parties to the marriage can file for divorce or nullification or judicial separation or dissolution before a Court of law on the grounds mentioned in ‘Matrimonial Suits’. When the Court passes the order for divorce or nullification, a copy of such a decree is sent to the Registrar of the place where the couple’s marriage is registered. The Registrar shall enter the details of the decree in the register for divorce, nullification and dissolution and the couple henceforth do not have to live together and can remarry. 

Divorce by mutual consent

A divorce petition may be presented to the District Court by the bride and the groom, on the ground that they have been living separately for one year. The couple has also not been able to live together and they have mutually agreed upon the dissolution of their marriage. The Court will hear the pleas of both parties and make such inquiries that the said couple’s marriage has been solemnized under this Act, the written pleas are true and that the consent of either party to the suit was not obtained by force or fraud. If the Court is satisfied with the pleas and the truth of the inquiries, it will pass a decree declaring the marriage to be dissolved with effect from the date of the decree.

Grounds for Matrimonial Suits under the Parsi Marriage and Divorce Act of 1936

In Parsi Law Divorce Act, any of the spouses can file for dissolution of the marriage by the following three modes: –

1. Suits for nullity: 

A suit to declare the marriage null or void by either party can be filed if the consummation of the marriage is impossible because of natural causes.

             2.Grounds of divorce: 

Under the Parsi Law Divorce act, either party to the marriage 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 since the defendant wilfully refused to do it.
2. The defendant at the time of the marriage suffering from a mental illness or was of an unsound mind and has been suffering from the condition till the date of the divorce suit.
3. The parties to the marriage did not live together even after the Court passed a decree of restitution of conjugal rights for one year or more since the date of the marriage. 
4.  The parties to the marriage did not live together for one year or more since the date of the marriage.
5. The defendant or wife was at the time of the marriage pregnant by some person other than her spouse:
   The divorce on this clause will not be granted if:  –
   • the husband was, at the time of the marriage unaware of the alleged facts of pregnancy,
   • The divorce has been filed within 2 years of the marriage, and marital intercourse did not take place after the husband came to know of the fact.
6. Suits for the dissolution of a marriage: — The marriage may be dissolved by either party if: –

• The husband or the wife has been absent from the other’s life for 7 years.
• The husband or the wife has not heard of his/her spouse from those who may know about his/her spouse in 7 years even if they were alive.

            3.Petition for judicial separation: 

Either party to the marriage may sue for judicial separation on any of the grounds for which such a person could have filed a divorce. 

Parsi Matrimonial Courts

All matrimonial suits and petitions under this Act will be heard by special courts called the ‘Parsi Chief Matrimonial Courts’ and ‘Parsi District Matrimonial Courts’. The Courts shall be set up in the Presidency towns of Kolkata, Mumbai and Chennai and other states as well as the Central Government will deem fit. Courts set up in places other than Presidency towns are called ‘Parsi District Matrimonial Courts’. 

In conclusion

The Parsi marriage registration process stands as a fascinating intersection of cultural heritage and legal formalities, embodying the delicate balance between tradition and modernity. Throughout this exploration, we have uncovered the historical evolution of Parsi marriage customs, deeply rooted in Zoroastrian traditions, and witnessed the adaptation of these practices to meet the demands of contemporary legal frameworks.

The research has underscored the significance of the Parsi Anjuman in facilitating and overseeing the marriage registration process, serving as a vital bridge between the community’s rich cultural tapestry and the legal requirements imposed by the state. The documentation requirements and procedural intricacies, while reflective of the broader legal landscape, highlight the challenges faced by the Parsi community in preserving its unique identity.

Furthermore, the study has shed light on the nuanced relationship between tradition and legality, emphasizing the need for ongoing dialogue and adaptation to accommodate societal changes. As globalization and demographic shifts continue to influence the Parsi community, the marriage registration process remains a dynamic arena where cultural practices and legal necessities converge.

Ultimately, this exploration contributes to a deeper understanding of how communities navigate the complexities of marriage registration, offering valuable insights for policymakers, legal professionals, and the Parsi community itself. The findings underscore the importance of fostering a harmonious coexistence between tradition and legal compliance, ensuring the continued preservation of the Parsi cultural identity in a rapidly evolving world. As the Parsi community continues to navigate the intricacies of marriage registration, this study encourages ongoing conversations about the dynamic interplay between cultural heritage and legal obligations.

Citations-

https://itzeazy.in/blog/2023/02/24/parsi-marriage-act/ 

https://lawnotes.co/tag/registration-of-the-marriage/ 

https://timesofindia.indiatimes.com/city/kolkata/state-gets-parsi-marriage-registrar/articleshow/4716119.cms 

https://www.indiacode.nic.in/bitstream/123456789/2476/1/a1936_____3.pdf