The Parsi Marriage and Divorce Act, 1936

Who is a Parsi?

Parsi are the member of an ethnoreligious group of follower in India of the Iranian Prophet
Zoroaster or Zarathustra. The Parsis whose name means Persians (Iran) are descended from
Persian Zoroastrians who migrated to India to avoid religious persecution by Muslims.
Zoroastrians are founded on the belief in one God and on the basic tenants of good thoughts,
good words and good deeds. Zoroastrian religion is non-convertible religion.

The Parsi Marriage and Divorce Act, 1936

The act may be called the ‘Parsi Marriage and Divorce Act, 1936’. It extends to the whole of India
except the State of Jammu and Kashmir.

The Parsi marriage is also regarded as a contract through a religious ceremony of “Ashirwad” and
it is necessary for its validity. “Ashirwad” literally means blessing; a prayer or divine exhortation to
the parties to observe their marital obligation with faith.

Requisite of Parsi marriage- Section 3

Marriage is not valid if both the contracting parties are related to each other in any of the degrees
of consanguinity and affinity i.e. people descended from the same ancestors. A marriage is not
valid if it is not solemnized by the priest of the parsi form of ceremony called ‘Ashirwad’ in
presence of parsi witnesses other than such priest. A marriage will not be considered if the male is
not 21 years old and female has not completed 18 years of age. If the marriage is not valid as per
the points are given above any child of such marriage who would have been legitimate had the
marriage been valid shall be legitimate.

Remarriage when unlawful- Section 4

During the lifetime, spouse can’t marry other person, unless until lawful divorce is obtained. In
such cases priest will be liable for imprisonment up to 6 month or fine up to Rs. 200.

Punishment for bigamy- Section 5

Priest will be liable under Section 494 and 495 of Indian Penal Code for imprisonment up to 6
months or fine up to Rs. 200.

Issue of certificate and registration- Section 6

Immediately on the solemnization of marriage which is 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 Rs. 2 to be paid by husband to the registrar of the place at which such
marriage is solemnized.

The registrar shall enter the said certificate in a register to be kept by him and under section 9 copy
of such certificate to be ‘Registrar General” of Birth, Death and Marriage Act, 1886.

Registration of divorces- Section 10

When court passes a decree for divorce nullity or dissolution, the court shall send a copy of the
decree for registration to registrar who shall enter the same in a register.

Parsi matrimonial court and appointment of delegates

Section 18: The act has constituted special courts to hear such matters.

Section 19: Parsi chief matrimonial courts- The court so constituted shall be in presidency like
Mumbai, Chennai, Kolkata and other cities as the state court deemed fit.

Jurisdiction- Local limit of the original civil jurisdiction of High Court.

Judges- The chief justice of High Court or such other judges of the same court appointed by the
chief justice from time to time and shall be delegates.

Section 20: Parsi district matrimonial courts

Every court constituted at a place other than presidency town i.e. Parsi district matrimonial courts.

Jurisdiction- same as district court

Judges- The judge of the principle (district) court of original civil jurisdiction shall be the judges of
such matrimonial courts and shall be aided by seven delegates. Five Parsi delegates (in matrimonial
matters) except in regards to the following:

a. Introductory application and proceedings

b. Alimony and maintenance both permanent as well as pendent elite
c. Custody, maintenance and education of children
d. All matter and proceedings other than regular hearing of cases

Under sections 24 and 25 of the act, members of the Parsi community are appointed as delegates
or jury who decides on matrimonial disputes relating to divorce and maintenance of estranged
couples. Names of the delegates are suggested by the Bombay Parsi Panchayat (BPP), the
community’s largest representative body.

The SG appoints persons to be delegates to aid in the adjudication of the cases arising under this
act. After giving the local Parsi an opportunity of expressing their opinions in such a manner as the
respective government may then ___. In original civil jurisdiction of high court the number shall
not be more than 30 and in district beyond such limit not more than 20.

Power to appoint new delegates- Section 25

Delegates shall be appointed for the period of 10 years shall be eligible for reappointment for the
like term or terms. Whenever delegates die or have completed his term of office or are descries of
relinquishing his office or refuse or incapable or unfit to act or cease to be Parsi or convicted for an
offence under IPC or involved in moral turpitude or be adjudged insolvent then SG may appoint
any person being a Parsi to be delegate instead.

Delegates to be deemed as public servant- Section 26

All delegates appointed under this act shall be considered to be public servant within the meaning
of IPC.

Selection of delegates under Section 19 and 20 to be from those appointed under section 24-
Section 27
The delegates selected under section 19 and 20 to aid in the adjudication of suits under this act
shall be taken under order of the presiding judge of the court in due rotation from the delegates
appointed by the SG under section 24 provided that such party to suits may without cause
assigned, challenge and 3 of the delegates are selected and no delegate so challenges shall be
selected.

Practitioners in matrimonial courts- Section 28

All legal practitioners are entitled to practice in a high court shall be entitled to practice in any
court constituted under the act.

Determination of questions of law and procedure and of facts- Section 46

In suits, all questions of law and procedure shall be determined by the presiding judge but the
decision on the facts shall be the decision of the majority of delegates before whom the case is
tried. Provided that, where such delegates are equally divided in opinion, the decision on the fact
shall be the decision of the presiding judge.

Appeal to High Court- Section 47

Every appeal shall be heard by bench of 2 High Court judges.

Liberty to parties to marry again- Section 48

After granting a divorce or annulling or dissolving a marriage has expired and no appeal has been
made or any appeal such made is dismissed then it shall be lawful for the respective parties thereto
marry again. (Limitation period- 3 months).

Custody of children- Section 49

The court shall have the power to pass such interim orders and make such provisions in final
decree with respect to custody, maintenance and education of the children under the age of 18
years.

Settlement of wife’s property for the benefit of the children- Section 50

In case of decree of divorce or judicial separation for adultery of wife, if the wife is entitled to any
property wither in possession or reversion, then the court can order settlement of such property
not exceeding one half for the benefit of the children of marriage or any of them.

Matrimonial suits

Suit for nullity- Section 30

In any case in which consummation of the marriage is from the natural cause is impossible
(impotency), a suit for nullity can be filed

Suits for dissolution- Section 31

If the spouse is absent for continuous period of 7 years and has not heard about being alive, a suit
for dissolution can be filed. As per the Evidence Act, spouse presumed to be dead so the marriage
can be dissolved.

Grounds for divorce- Section 32

1. Willfully refuse to consummate the marriage within 1 year after its solemnization
2. Party of unsound mind and has been habitually so up to the date of the suit.
- provided that divorce shall be granted on this ground unless the plaintiff was ignorant
of the fact at the time of the marriage and has filed the suit within 3 years from the date
of marriage,
- that the party has been incurably of unsound mind for a period of 2 years or upward
immediately preceding the filing of suits with such mental disorder such as mental
illness, incomplete development of mind, psychopathic disorder, disability of mind or
schizophrenia
3. The wife at the time of the marriage was pregnant by some person other than the husband
provided that divorce shall not be granted on this ground unless:
- the husband was at the time of marriage ignorant of the fact alleged
- the suit has been filed within 2 years of the date of marriage
- marital intercourse has not taken place after the husband came to know of the fact
4. Party since the marriage committed adultery or fornication or bigamy, rape or unnatural
offence provided that the suit should be filed within 2 years.
 5. Party treated with cruelty to the spouse
6. Voluntarily causing grievous hurt
7. Party suffering from venereal disease
8. Forcing the wife into prostitution
9. Husband undergoing a sentence of imprisonment for 7 years or more under IPC provided
that before filing of suit at least the husband must have undergone 1 year of imprisonment
out of the said period
10. Party cease to be parsi by conversion to another religion
11. Party deserts the spouse for the period of 2 years

Parties may also sue for divorce on grounds of:

Non-resumption of cohabitation or restitution of conjugal rights to be ground for divorce- Section

32A

Non-resumption of cohabitation or restitution of conjugal rights to be ground for divorce:

- If there is no resumption of cohabitation between the parties for a period of 1 year or

upward after passing of a decree of judicial separation
- If there is no restitution of conjugal rights as between the parties to marriage for a
period of 1 year or upward after passing of a decree for restitution of conjugal rights

Divorce by mutual consent- Section 32B

A suit for divorce by mutual consent can be filed by both parties to marriage together whether such
marriage was solemnized before or after of the Amendment Act, 1988 on the grounds that they
have been living separately for a period of 1 year or more and date of filing should be post 1 year
of marriage.

Joining of codefendant- Section 33

If the suit for divorce on ground of adultery is filed than the person with whom the adultery is
alleged to have been committed a codefendant in any such suit the court may order the adulterer
to pay the whole or any part of the cost of proceedings.

Judicial separation- Section 34

Parties may sue for judicial separation on any of the grounds for which such a person could have
filed for divorce.

Suits for restitution of conjugal rights- Section 36

Either parties have deserted or without lawful cause ceased to cohabit with each other can file for
restitution of conjugal rights.

Alimony and maintenance- Section 39 and 40

During pendency of suits, it appears to the court that either the wife or husband has no
independent income sufficient for her or his support and necessary expenses of suit, it may order
the defendant to pay for plaintiff the expenses of suit such weekly or monthly sum after observing
plaintiff’s own income and the income of the defendant it may seem to the court be reasonable.

Permanent alimony

To pay such gross sum or such monthly or periodical sum for a term not exceeding life of
aggrieved party and considering defendants own income and other property will decide the
alimony. The court may vary, modify or rescind any such order as it may deem fit if there is a
change in circumstance of either party after the order is passed.

Payment of alimony to wife or her trustee- Section 41

Disposal of joint property- Section 42

Suits to be heard in camera and may not be printed or published- Section 43