Apoorva Sinha

B.Com.,LL.B.

2nd year

UPES, Dehradun

NATURE OF MARRIAGE UNDER PARSI

AND CHRISTIAN LAW: AN OVERVIEW

Introduction

Marriage is one of the universal social institutions.

It is established by the human society to control and regulate the life of man.

According to Indian Constitution the right to marry is a component of right to life under Article 21 of constitution of India.

The marriages in India are governed by their own respective personal laws.

This project is an overview of the personal laws of Parsi and Christian.

Who are Parsis?

The Parsis came and settled down in India as a

result of their persecution in their native land,

Persia.

The Indian Parsis belong to the Zoroastrian faith,

and in that sense in India, the words ‘Parsis’ and

‘Zoroastrians’ are synonyms.

Zoroastrianism is founded on the belief in one God

and on the basic tenents of good thoughts, good

words and good deed.

Section 2 of Parsi Marriage and Divorce Act 1936

defines a Parsi as Parsi Zoroastrian, professing

Zoroastrian religion.

Who are Christians?

A person who is baptized is Christian

The Indian Christian Marriage Act, 1872 defines term

‘Christian’ as a person professing the Christian

religion.

Under the Act the term ‘Indian Christian’ includes

Christian descendants of native Indians converted to

Christianity, as well as such converts Section 3.

Concept of Marriage under Christian

Law

Christian marriage in India is a sacramental contract

and it is usually solemnized by a Minister of Religion

licensed under the Indian Christian marriage Act,

1872. Section 60 of this Act contains valid conditions

for marriage

It can also be solemnized by the Marriage Registrar.

Concept of Marriage under Parsi Law

The Parsi Marriage is also regarded as a contract though religious ceremony

of Ashirvad is essential for its validity.

‘Ashirvad’ literally means blessing, a prayer or divine exhortation to the

parties to observe their marital obligations with faith.

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.

The valid conditions for marriage is under section 3 of Parsi Marriage and

Divorce Act, 1872.

MATRIMONIAL REMEDIES

Parsi Law

Under the Parsi Marriage and Divorce Act, 1936,

divorce can be sought under s.32 of the Act on the

following grounds.

GROUNDS PROVISION RELIEF

Adultery Adultery by the defendant after marriage. Suit to be filed

within 2yrs. Of knowledge. Sections 32(d) and 34.

Divorce or judicial

separation

Cruelty Treated plaintiff with cruelty or behaved in way as to render it in

the judgment of the court improper to compel the plaintiff to

live with the defendant. Sections 32(dd) and 34

Divorce or judicial

separation

respectively

Desertion Desertion for not less than two years. Section 32(g) and 34. Divorce or judicial

separation

Conversion (a) Both husbands and wife entitled to relief on respondent’s

ceasing to be a parsi by converting to another.

(b) Suit to filed within two years of knowledge of the

conversion.

Section 32(j) and 34

Divorce or judicial

separation

Fraud No Provision

Bigamy (a) Remarriage is unlawful when any spouse marries any person

without giving divorce. Section 4

(b) Punishment under ss. 494 and 495 of IPC. Section 5.

(c) Priest is penalised for willfully doing so. Section 11

Divorce or judicial

separation

Hin 2

GROUNDS PROVISIONS RELIEF

Impotency/Non

Consummation of

Marriage

Consummation is from natural causes, impossible. Either party may

seek relief. Section 30.

Non- consummation within one year after solemenization of marriage,

owing to wilful refusal of respondent. Section 32(a)

Void

Divorce

Mental Illness/

Abnormality

Unsound mind at the time of marriage and upto date of suit. Section

32(b)

Annulment

Leprosy No Provision

Venereal Disease The defendant must have infected the plaintiff wit the disease. Petition

to be filed not later than 2 yrs after knowledge

Divorce

Non resumption

of Cohabitation

after Decree of

Separation or

Restitution

Non- resumption of cohabitation for a year or more after a decree of

separation. Section 32A(1)(i)

No restitution of conjugal rights for a period of one year or more after

decree of restitution of conjugal rights. Section 32A(1)(ii)

No divorce decree if plaintiff fails to comply with maintenance order.

Section 32A(2)

Divorce relief

available to

either of the

parties

Pre- marriage

Pregnancy

Respondent wife pregnant at the time of marriage. Section 32(c)

Plaintiff ignorant at time of marriage; case to be filed within 2 years of

marriage; no cohabitation after discovery of fact. Section 32(c)

proviso

Divorce

Christian Law

The Indian Divorce Act, 1869, which has been

substantially amended in 2001, s.10 provides for

divorce on the following grounds.

Grounds for dissolution of marriage-(l) Any marriage solemnized,whether before or after the commencement of the Indian Divorce(Amendment) Act, 2001, may, on a petition presented to the DistrictCourt either by the husband or the wife, be dissolved on the groundthat since the solemnization of the marriage, the respondent-

i. has committed adultery; or

ii. has ceased to be Christian by conversion to another religion; or

iii. has been incurably of unsound mind for a continuous period ofnot less than two years immediately preceding the presentation ofthe petition; or

iv. has, for a period of not less than two years immediatelypreceding the presentation of the petition, been suffering from avirulent and incurable for of leprosy; or

(v) has, for a period of not less that two years immediately precedingthe presentation of the petition, been suffering from venerealdisease in a communicable form; or

(vi) has not been heard of as being alive for a period of seven years ormore by those persons who would naturally have heard of therespondent if the respondent had been alive; or

(vii) has wilfully refused to consummate the marriage and the marriagehas not therefore been consummated; or

(viii) has failed to comply with a decree for restitution of conjugalrights for a period of two years or upwards after the passing of thedecree against the respondent; or

(ix) has deserted the petitioner for at least two years immediatelypreceding the presentation of the petition; or

(x) has treated the petitioner with such cruelty as to cause a reasonableapprehension in the mind of the petitioner that it would be harmful orinjurious for the petitioner to live with the respondent

Parsi Law

By the Parsi Marriage and Divorce (Amendment)

Act, 1988 under s.32B.

Christian Law

Divorce by mutual consent has also been introduced

by inserting a new s. 10A. Indian Divorce

Amendment Act (Act 51 of 2001)

Judicial Separation

Parsi Law

Provision for Judicial Separation is under s. 34 of

the Parsi Marriage and Divorce Act, 1936.

The ground for both of the matrimonial reliefs,

viz., divorce and judicial, are common.

Christian Law

Under s. 22 of the Indian Divorce Act, 1869, a

husband or wife may obtain a decree for judicial

separation on the ground of adultery or cruelty or

desertion for two years or upwards.

Conclusion

Numerous differences in rights of Parsi andChristians.

Article 15 protects the rights of every citizenirrespective of religion.

The Uniform Civil Code is the way to curb thisinequality.

The Uniform Civil Code will practically proveIndia as a secular state.

It is a need of this hour to let Uniform Civil Codetake birth in Indian Laws.

THANK YOU