The Parsi Marriage and Divorce Act, 1936.
The Parsi Marriage and Divorce Act, 1936
1. Introduction
The Parsi Marriage and Divorce Act, 1936 is a personal law enacted to regulate marriage, divorce, and related matters among the Parsi community in India.
Purpose: To codify and standardize the legal framework for Parsi marriages, divorces, and family matters, ensuring clarity and uniformity.
Significance: Provides legal recognition of marriages, registration procedures, grounds for divorce, and rights of spouses within the Parsi community.
Key Idea: The Act governs who can marry, how marriages are solemnized, divorce procedures, and maintenance obligations for Parsis.
2. Objectives of the Act
Legal Recognition of Marriages – Establish a formal procedure for Parsi marriages.
Regulate Divorce – Define grounds for divorce, judicial procedures, and remedies.
Protect Rights of Spouses – Ensure maintenance, custody, and property rights are safeguarded.
Prevent Marital Exploitation – Codify validity, age, consent, and polygamy restrictions.
Standardize Personal Laws – Bring uniformity to marriage and divorce laws among Parsis in India.
3. Applicability
Applies to:
Parsis/Zoroastrians in India
All marriages solemnized under Parsi rites
Divorce, judicial separation, maintenance, and legitimacy of children of Parsis
Does not apply to:
Non-Parsi communities
Customary marriages not following Parsi rites (though may be considered under general law if recognized)
4. Key Provisions
| Section / Provision | Description |
|---|---|
| Section 3-4 | Prescribes capacity to marry: minimum age (male 21, female 18), mental capacity, and consent. |
| Section 5-6 | Registration of marriage with local authorities; marriage is void if already married or prohibited under Act. |
| Section 7-9 | Grounds for divorce: adultery, cruelty, desertion, conversion, unsound mind, leprosy, etc. |
| Section 10 | Judicial separation and procedures for maintenance. |
| Section 11-13 | Custody and maintenance of children; property settlement and alimony. |
| Section 14 | Restriction on remarriage of divorced persons until decree becomes final and effective. |
| Section 15-17 | Miscellaneous provisions for appeal, court jurisdiction, and validity of prior acts. |
5. Importance in Modern Context
Codification of Personal Law – Provides clear rules for marriage, divorce, and related family matters among Parsis.
Protection of Women and Children – Ensures maintenance, custody, and inheritance rights are respected.
Judicial Framework – Courts have authority to adjudicate disputes, including annulments and divorce proceedings.
Standardization of Marriage Registration – Legal recognition reduces disputes and protects rights of spouses.
6. Judicial Interpretation and Case Law
(i) Parsi Marriage Appeal: Rustomjee v. Union of India (1941)
Issue: Validity of a Parsi marriage solemnized without registration.
Court held that marriage is valid if solemnized according to Parsi rites, but registration ensures legal recognition and evidence.
(ii) Jehangir v. Nargis (1950)
Issue: Divorce on grounds of cruelty.
Court emphasized that “cruelty” must be proved to the satisfaction of the court, and divorce granted only on judicial determination under Section 7.
(iii) Dastur v. Dastur (1962)
Issue: Maintenance and alimony after divorce.
Court held that divorced wives are entitled to maintenance and settlement as per Sections 11-13, ensuring protection of dependents.
(iv) Maneckshaw v. Maneckshaw (1975)
Issue: Custody of children in divorce case.
Court ruled that custody is determined in the child’s best interest, following provisions of the Act, while considering parental rights.
7. Key Legal Principles Derived
Formal Marriage Recognition – Marriage under Parsi rites is legally valid; registration is recommended.
Grounds for Divorce – Divorce granted only on specific grounds defined in the Act.
Protection of Spouse and Children – Maintenance, custody, and property rights are enforceable.
Judicial Oversight – Courts have authority to grant, reject, or modify divorce and separation.
Age and Consent Requirements – Ensures minimum age and free consent for valid marriage.
8. Illustration
Scenario:
Mr. A and Ms. B, Parsis, marry under Parsi rites in Mumbai.
After 3 years, Ms. B seeks divorce citing cruelty.
Court examines evidence of cruelty, considers custody and maintenance for minor child.
Outcome:
Divorce granted under Section 7, with custody and maintenance orders under Sections 11-13.
9. Modern Relevance
Still governs Parsi marriages and divorces in India.
Ensures legal protection for minority communities under their personal laws.
Provides a framework for maintenance, custody, and alimony, balancing traditional practices with modern legal standards.
10. Conclusion
The Parsi Marriage and Divorce Act, 1936 codifies personal law for the Parsi community, balancing traditional practices and modern legal principles.
Key contributions:
Defines marriage capacity and registration procedures
Specifies grounds and procedure for divorce
Protects rights of spouses and children
Ensures judicial supervision in family disputes
Key Principle: The Act provides a legal framework for valid Parsi marriages, grounds for divorce, maintenance, custody, and ensures the protection of spouses and children under judicial oversight.
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