ROLL NO.
129, LLB 1ST YEAR (2ND Sem)
DEONANDAN KUMAR
An Assignment
On
The Parsi Marriage and Divorce Act,1936
Mahatma Gandhi Mission’s Law College
Submitted to:
Name: Smt Vaishali Kapoore
Department: Law Faculty (Family Law-1)
Submitted by:-
Name- DEONANDAN KUMAR
Roll No. 129, LL.B 1st Year(2nd Sem).
Sr. No Topic Date Pages
1 Penalty under the Parsi Act 09.04.2020 8
and Marriage not invalid for
the formal irregularities
Acknowledgement
I would like to express my thanks of gratitude to my teacher
Smt Vashali Kapoore as well as our principal madam Smt. Karuna
A. Malviya, who gave me the golden opportunity to do this
wonderful and knowledgeable assignment on the topic of “Penalty
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ROLL NO. 129, LLB 1ST YEAR (2ND Sem)
DEONANDAN KUMAR
under the Parsi Act and Marriage not invalid for the formal
irregularities” which also help me in gaining a lots of knowledge
and I come to know about so many new things. I am really thankful
to them.
Penalty under the Parsi Act and
Marriage not invalid for the formal
irregularities
1. Introduction
This project is an overview of the personal laws of Parsi. The
marriages in India are governed by their own respective
personal laws. According to Indian Constitution the right to
marry is a component of right to life under Article 21 of
constitution of India. It is established by the human society to
control and regulate the life of man. Marriage is one of the
universal social institutions.
2. Section 2 of Parsi Marriage and Divorce Act 1936 defines a
Parsi as Parsi Zoroastrian, professing Zoroastrian religion.
Zoroastrianism is founded on the belief in one God and on the
basic tenents of good thoughts, good words and good deed.
The Indian Parsis belong to the Zoroastrian faith, and in that
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DEONANDAN KUMAR
sense in India, the words ‘Parsis’ and ‘Zoroastrians’ are
synonyms. The Parsis came and settled down in India as a
result of their persecution in their native land, Persia. Who are
Parsis?
3. Before proceeding further i.e topic, “Penalty under the Parsi
Act and Marriage not invalid for the formal irregularities”,
assigned to me. I want discussed about valid marriage under
the Parci Act.
4. 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 1; 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.]
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DEONANDAN KUMAR
“The valid conditions for marriage is under section 3 of Parsi
Marriage and Divorce Act, 1872. Parsi law gives equal treatment to
both the sexes. The rights as well as remedies prescribed under
Parsi law are equally available to both husband and the wife.
‘Ashirvad’ literally means blessing, a prayer or divine
exhortation to the parties to observe their marital obligations with
faith. The Parsi Marriage is also regarded as a contract though
religious ceremony of Ashirvad is essential for its validity.
Concept of Marriage under Parsi Law”
A Parsi marriage is solemnized by the Parsi priest. Parsi priest
includes Dastur and Mobed. For the purpose of solemnization of
Parsi marriage, the ceremony of ‘Ashirvad’ should be performed by
a Parsi priest in presence of two parsi witnesses.
(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.
5. Section 4, Remarriage when unlawful.-
(I) No Parsi (whether such Parsi has changed his or her religion
or domicile or not) shall contract any marriage under this Act or
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DEONANDAN KUMAR
any other law in the lifetime of his or her wife or husband, whether
a Parsi or not, except after his or her lawful divorce from such wife
or husband or after his or her marriage with such wife or husband
has lawfully been declared null and void or dissolved, and, if the
marriage was contracted with such wife or husband under the Parsi
Marriage and Divorce Act, 1865, or under this Act, except after a
divorce, declaration of dissolution as aforesaid under either of the
said Acts.
(2) Every marriage contracted contrary to the provisions of sub-
section (1) of section 4 of the Parci Act, shall be void.
6.Penalty in the Parsi Marriage Act,
Section 11of the Act - Penalty for solemnizing marriage
contrary to section 4. –
Any priest knowingly and wilfully somenizing any marriage
contrary to and in violation of section 4 shall, on conviction
thereof, be purnished with simple imprisonment for a term
which may extend to six months, or with fine which may
extend to two hundred rupees, or with both.
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DEONANDAN KUMAR
Section 12 of the Act- Penalty for priest's neglect of
requirements of section 6.-
Any priest neglecting to comply with any of the requisitions
affecting him contained in section 6 shall, on conviction
thereof, be punished for every such offence with simple
imprisonment for a term which may extend to three
months, or with fine which may extend to one hundred
rupees, or with both.
Section 13 of the Act - Penalty for omitting to subscribe and
attest certificate.-
Every other person required by section 6 to subscribe or
attest the said certificate who shall wilfully omit or neglect so
to do, shall, on conviction thereof, be punished for every
such offence with a fine not exceeding one hundred
rupees.
Section 14 of the Act- Penalty for making, etc., false
certificate.-
Every person making or signing or attesting any such
certificate containing a statement which is false, and which he
either knows or belives to be false shall be punished with
simple imprisonment for a term which may extend to
three months, or with fine which may extend to one
hundred rupees, or with both; and if the act amounts to
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DEONANDAN KUMAR
forgery as defined in the Indian Penal Code, then such person
shall also be liable, on conviction, thereof, to the penalties
provided in section 466 of the said Code.
Section 15 of the Act- Penalty for failing to register
certificate. –
Any Registrar failing to enter the said certificate pursuant
to section 6 shall be punished with simple imprisonment
for a term which may extend to one year, or with fine
which may extend to one thousand rupees, or with both.
Section 16 of the Act- Penalty forsecreting, destroying or
altering register. –
Any person secreting, destroying, or dishonestly or
fraudulently altering the said register in any part thereof, shall
be punished with imprisonment of either description as
defined in the Indian Penal Code for a term which may
extend to two years, or if he be a Registrar, for a term
which may extend to five years and shall be liable to fine
which may extend to five hundred rupees.
Section 17of the Act- Format irregularity not to invalidate
marriage.-
No marriage contracted under this Act shall be deemed
to be invalid solely by reason of the fact that it was not
certified under section 6, or that the certificate was not sent to
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DEONANDAN KUMAR
the Registrar, or that the certificate was defective, irregular or
incorrect.
7.Conclusion
It is a need of this hour to let Uniform Civil Code take birth in
Indian Laws. The Uniform Civil Code will practically prove
India as a secular state. The Uniform Civil Code is the way to
curb this inequality. Article 15 protects the rights of every
citizen irrespective of religion. Numerous differences in rights
of Parsi.
THANK YOU
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