Parsi Marriage And Divorce Act, 1936: A Simple Legal Guide For Couples
Introduction
Do both the partners belong to Parsi community and is confused about your marital options?
Whether you are facing issues in your existing marriage or wish to perform court marriage, you must be aware of the Parsi Marriage and Divorce Act, 1936.
Are you planning to perform court marriage for legal authorization or want to get divorce but unaware of legal process and rights? This guide will assist you with the valid process of court marriage, registration of your marriage and your legal remedies if facing any disputes in marital life for Parsi couples.
Parsi community comes under the respected minority in India, but they have their marriage act based on the facts from their religious beliefs.
Is a Parsi marriage valid only if performed by an authorized priest?
Absolutely, according to Section 3 of the Parsi Marriage and Divorce Act, 1936 if marriage is not solemnized by an authorised Parsi priest (Mobed) through the religious ceremony known as Ashirvad, then it will not be considered as valid marriage.
Is registration of Parsi marriage compulsory?
The registration of Parsi marriage is crucial according to Section 6 of the Parsi Marriage and Divorce Act, 1936. The officiating priest should obtain a marriage certificate, duly signed by him, both the parties and required witnesses. This certificate is then sent to registrar of Parsi marriage. The registrar records the marriage in his official records.
In case if these required process is not followed then marriage will be considered void and invalid in eyes of law.
Other legal condition for validity of court marriage:
The minimum age of the Parsi Male & Female must be 21 years & 18 years respectively.
Marriage is not permitted between blood relatives
Bigamy and Polygamy are not permitted
On what grounds can divorce be filed under the Parsi Marriage and Divorce Act?
Adultery: When either partner is engaged in extra martial affair along with sexual relationship, the other partner has right to take divorce.
Cruelty: If you are facing cruelty, threat, harassment and abuse by your partner and in laws, you can file for divorce. It includes constant abuse, domestic violence and false allegations.
Desertion: If your partner abandoned, you continuously without any reason and without your consent for at least two years then you can file for contested divorce.
Conversion to Another Religion: If your partner has converted to some other religion, without your consent then you can file for divorce.
Unsoundness of Mind: You can take divorce from your partners if spouse is suffering from some serious mental disorder or if he/she is of unsound mind and making your marital life impossible.
Venereal Disease in a Communicable Form: If your partner is suffering from communicable venereal disease, which can harm even your health, is considered a valid ground for divorce.
Non-Resumption of Cohabitation: When there is no resumption of marital relations for one year or more after a decree of judicial separation or restitution of conjugal rights.
Can you take divorce by mutual consent under the Parsi Marriage and Divorce Act, 1936?
If both the partner mutually decides to take divorce by agreeing upon terms and condition in relation to maintenance, child custody and property they can take divorce by mutual consent by filing joint petition in court. But there is legal condition to take mutual consent divorce:
Both the partners should be living separately for at least one year, and
There should be mutual consent to dissolve the marriage.
The court grants decree of divorce if both the conditions are free and genuine within several months. Basically, this process is faster and less stressful than contested divorce.
Is there a waiting or cooling-off period under mutual divorce?
There is no specific waiting or cooling off period for Parsi couples, but only the legal condition of one-year separation. Once the court gets satisfied that consent is free and genuine then it may grant divorce decree without any unnecessary delay.
Which court has jurisdiction for filing divorce petition?
The divorce petition can be filed in family court where the marriage was performed, both husband and wife last resided together or where the respondent currently resides.
Who can claim maintenance under the Parsi Act?
Both husband and wife can claim maintenance under this act which depends on the facts of the case:
Under Section 39 either spouse can claim interim maintenance during the proceedings of ongoing divorce case.
Under Section 40 either spouse can claim permanent alimony at the time of passing of decree to preserve their future.
A husband may claim maintenance if he is unable to maintain himself due to valid reasons likewise illness, disability, or lack of income, and the wife has sufficient means.
The amount of maintenance and alimony is depending on the income of partner who is paying and the living standard of other partner claiming maintenance.
Who gets child custody after divorce under the Parsi Marriage and Divorce Act, 1936?
The custody of child is decided by the court by giving priority to the best interest and welfare of child. It is not automatically given to either parent.
Under Section 49 of the Parsi Marriage and Divorce Act, 1936, the court is authorized to grant custody, education and maintenance of minor child. The court also provides visitation rights of the non-custodial parent
Mostly, the mother is often given priority for young children, the court considers factors such as:
Child’s age and emotional needs
Financial stability and living conditions of parents
Health, conduct, and ability to care for the child
How Lead India can help you?
Trustworthy & Confidential - We assure you that all your personal details and documents must be kept private. We never share these details with anyone.
Expert Advice - Sometimes both partners need expert advice for court marriage, registration and also before filing for divorce. We have the most experienced and provide you with the best guidance and provide the best course of action.
Zero Stress - The partners do not have to worry about the paperwork & complex process at the court. Our Associate will perform all these actions at the court.
Top Quality Lawyers - Lead India will help you to choose among the best divorce lawyers for your mutual divorce. There are different associates who work with us, you can choose a lawyer depending upon their practice area, experience & user rating.
FAQs
1. Can a Parsi couple choose the Special Marriage Act instead of the Parsi Marriage and Divorce Act?
A Parsi couple may choose for marriage under the Special Marriage Act, 1954 if they prefer a civil marriage without religious rituals. But if they perform marriage under SMA, then all the disputes related to divorce will be governed according to SMA, not Parsi Marriage and Divorce Act, 1936.
2. What happens if one spouse is not a Parsi at the time of marriage?
It is essential that both parties must be Parsis at the time of marriage. If one spouse is not a Parsi, the marriage cannot be performed under this act rather it can be performed under other appropriate law.
3. Is judicial separation available for Parsi couples without seeking divorce?
Under Section 34 the Judicial separation is available for the Parsi Marriage and Divorce Act, 1936. It allows spouses to live separately without ending the marriage, while still deciding matters related to maintenance, custody, and marital obligations.
4. Can a Parsi divorce be challenged or appealed after the decree?
A decree passed by a court can be appealed before the High Court which is subjected to limitation and procedural requirements.
5. How long does a Parsi divorce case usually take to conclude?
The duration depends on the type of divorce. Mutual divorce generally concludes faster, while contested cases may take longer due to evidence, witnesses, and the involvement of arguments.
