PARSI MARRIAGE Flashcards
sec3 requisites for parsi marriage
Both parties should be Parsi, or one party should be Parsi and the other should have been converted to the Parsi religion.
The parties should not be within the prohibited degrees of relationship.
The parties should not be married under any other law.
The marriage should be solemnized by a Parsi priest in the presence of two Parsi witnesses.
The marriage should be registered with the Registrar of Marriages.
The parties should be of sound mind and should freely consent to the marriage.
The parties should have attained the minimum age of marriage, which is 21 years for the groom and 18 years for the bride.
sec4 remarriage when unlawful?
both parties must not have any living spouses unless they have undergone lawful divorce / lawfully marriage has been declared null and void
sec6 certificate of marriage
once solemnised, marriage is certified by an officiated priest and a fee of two rupees must be paid. - if marriage aint registered= may extend to one year, or with fine which may extend to one thousand rupees, or with both.
17. Formal 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 the Registrar, or that the certificate was defective, irregular or incorrect.
nullity of marriage and dissolution of marriage
s30- consummation of the marriage is from natural causes
impossible, such marriage may, at the instance of either party thereto, be declared to be null and void
s31- —If a husband or wife has been absent from their spouse for seven years and has not been heard from by those who would have naturally heard of him or her, Either spouse may dissolve the marriage.
divorce under parsi
Sec 32
* Adultery, rape, unnatural offence, bigamy- to be filed within 2 yrs of knowing
*
* marriage not consummated within one year willfully due to defendant
* Cruelty: grev hurn, veneral disease, forceful prostitution
* 7 yrs imprison
* Desertion, two years.
* Conversion of religion by either spouse.
* Insanity or incurable mental illness of either spouse for a continuous period of at least two years. -** if the def was of unsound mind at the time of wedding then its only ground if the plaint was unaware of the unsoundess and files for divorce within 3 yrs of marriage**
* pregnant w another mans bby- *suit has to be within 2 yrs of marriage and no intercourse once found out truth *
* Non-resumption of cohabitation for one year or more after a decree for judicial separation has been passed.
* Any other grounds recognized by the personal law of the Parsi community.
divorce by mutual consent - if they been living seperately for a year or more and have mutually agreed to divorce
restitution of conjugal rights, judicial seperation
- Restitution suit.—Where a husband has deserted or without lawful cause ceased to cohabit with his wife, or vice versa, the party so deserted or with whom cohabitation has ceased may sue for the restitution of his or her conjugal rights, and the Court, if satisfied of the truth of the plaint and that there is no just ground for relief, may grant relief.
34 —Any married person may sue for judicial separation on any of the
grounds for which such person could have filed a suit for divorce
when will relief not be given?
if:
Husb and wife are colluding together,
if plaint has been accessory to some act
if theres been an unnecessary delay/ improper delay in suit
alimony or maintenance
- if wife/husb has no independent sufficient income then the defendant will pay the plaintiff a monthly sum
- permanent alimony - till end of defendants life unless the party has had sexual relations out of wedlock
s40
Parsi Matrimonial Courts
est under chapter 3 of parsi marriage and divorce act
* constitution of special courts in calcutta, madras and bombay.
* cheif justice of HC shall judge in matrimonial court
* The Parsi Matrimonial Court has jurisdiction within the same geographic boundaries as the High Court’s civil jurisdiction. Alimony and maintenance claims will be adjudicated by a Chief Justice of the High Court or a Supreme Court judge appointed by the Matrimonial Court judge. A panel of five delegates will hear cases under this Act, except for interlocutory applications, child care and protection matters, and non-routine cases and prosecutions.
