THE PARSI MARRIAGE AND DIVORCE ACT, 1936
(ACT 3 OF 1936)
(23rd April, 1936)
Definitions : - In this Act, unless there is anything repugnant in the
subject or context,-
(5) husband means a Parsi husband:
(6) marriage means a marriage between Parsi whether contracted before or after
the commencement of this Act;
(7) a Parsi means a Parsi Zoroastrian;
(8) priest means a Parsi priest and includes Dastur and Mobed; and
(9) wife means a Parsi wife.
II MARRIAGES BETWEEN PARSIS
3. Requisities 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.]
(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.
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 any other law in the lifetime of his or her wife or husband,
whether a Parsi or not, except after his or her lawful
(2) Every marriage contracted contrary to the provisions of sub-section (1) shall
be void.
5. Punishment of bigamy. - Every Parsi who during the lifetime of his or her
wife or husband, whether a Parsi or not, contracts a marriage without having been
lawfully divorced from such wife or husband, or without his or her marriage with
such wife or husband having legally been declared null and void or dissolved,
shall be subject t o the penalties provided in sections 494 and 495 of the Indian
Penal Code for the offence of marrying again during the lifetime of a husband
or wife.
6. Certificate and registry of marriage. - Every marriage contracted under
this Act shall, immediately on the somenization thereof, be 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 two rupees to be paid by the husband to the Registrar of the place at which
such marriage is solemnized. The Registrar on receipt of the certificate and fee
shall enter the certificate in a register to be kept by him for that purpose and
shall be entitled to retain the fee.
7. 1Appointment of Registrar. - For the purposes of this Act
a Registrar shall be appointed. Within the local limits of the ordinary original
civil jurisdiction of a High Court, the Registrar shall be appointed by the Chief
Justice of such Court, and without such limits, by the State Government. Every
Registrar so appointed may be removed by the Chief Justice or State Government
appointing him.
1. In exercise of the powers conferred by Section 7 of the Parsi Marriage and
Divorce Act, 1936 (Central Act III of 1936) and in Suppression of all the orders
and notifications on the subject existing in the Bombay Area, Coorg District, Hyderabad
Area, Madras Area and Mysore Area the Government of Mysore hereby appoints the Registrars
of the several districts appointed under section 6 of the Indian Registration Act,
1908 (Central Act xvi of 1908) to be the Registrars for the purpose of the Parsi
Marriage and Divorce Act, 1936 within the respective limits of the several districts.
(Notification No. HD 6 PIM 67)
8. Marriage register to be open for public inspection. - The register
of marriage mentioned in section 6 shall, at all reasonable times, be open for inspection,
and certified extracts therefrom shall, on application, be given by the Registrar
on payment to him by the applicant of two rupees for each such extract. Every
such register shall be evidence of the truth of the statements therein contained.
9. Copy of certificate to be sent to Registrar-General of Births, Deaths and
Marriages.- Every Registrar, except the Registrar appointed by the Chief Justice
of the High Court of Judicature at Bombay shall, at such intervals as the State
Government by which he was appoined from time to time directs to send to the Registrar-General
of Births, Deaths and Marriages for the territories administered by such State Government
a true copy certified by him in such form as such State Government from time to
time prescribes, of all certificates entered by him in the said register of marriag
since the last of such intervals.
10. Registration of divorces. - When a Court passes a decree for divorce,
nullity or dissolution, the Court shall send a copy of the decree for registration
to the Registrar of Marriages within its jurisdiction appointed under section 7;
the Registrar shall enter the same in a register to be kept by him for the purpose,
and the provisions of Part II applicable to the Registrars and registers of marriages
shall be applicable, so far as may be, to the Registrars and registers of divorces
and decrees of nullity and dissolution.
11. Penalty for solemnizing marriage contrary to section 4. - Any priest
knowingly and wilfully solemnizing 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.
12. Penalty for priests 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.
13. 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.
14. 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 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.
15. 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.
16. 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.
17. 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 the Registrar,
or that the certificate was defective, irregular or incorrect.
SCHEDULE I
(See section 3)
Table
A man shall not marry his -
1. Paternal grandfathers mother
2. Paternal grandmothers mother
3. Maternal grandfathers mother
4. Maternal grandmothers mother
5. Paternal grandmother.
6. Paternal grandfathers wife.
7. Maternal grandmother.
8. Maternal grandfathers wife
9. Mother or step-mother.
10. Fathers sister or step-sister.
11. Mothers sister or step-sister
12. Sister or step-sister
13. Brothers daughter or step-brothers daughter, or any direct lineal discendant
of a brother or step-brother.
14. Sisters daughter or step-sisters daughter, or any direct lineal descencant
of a sister or step-sister.
15. Daughter or step-daughter, or any direct lineal descendant of either.
16. Son;s daughter or step-sons daughter, or any direct lineal descendant of
a son or step-son.
17. Wife of son or step-son, or of any direct lineal descendant of a son or step-son.
18. Wife of daughers son or of step-daughters son, or of any direct lineal descendant
of a daughter or step-daughter.
19. Mother of daughters husband.
20. Mother of sons wife.
21. Mother of wifes paternal grandfather
22. Mother of wifes paternal grandmother
23. Mother of wifes maternal grandfather
24. Mother of wifes maternal grandmother
25. Wifes paternal grandmother,
26. Wifes maternal grandmother
27. Wifes mother or step-mother.
28. Wifes fathers sister.
29. Wifes mothers sister.
30. Fathers brothers wife.
31. Mothers brothers wife.
32. Brothers sons wife.
33. Sisters sons wife.
A woman shall not marry her-
1. Paternal grandfathers father
2. Paternal grandmothers father
3. Maternal grandfathers father
4. Maternal grandmothers father
5. Paternal grandfather.
6. Paternal grandmothers husband.
7. Maternal grandfather.
8. Maternal grandmothers husband
9. Father or step-father.
10. Fathers brother or step-brother.
11. Mothers brother or step-brother
12. Brother or step-brother
13. Brothers son or step-brothers son, or any direct lineal discendant of a brother
or step-brother.
14. Sisters son or step-sisters son, or any direct lineal descencant of a sister
or step-sister.
15. Son or step-son, or any direct lineal descendant of either.
16. Daughters son or step-daughters son, or any direct lineal descendant of a
daughter or step-daughter.
17. Husband of daughter or step-daughter, or of any direct lineal descendant
of a daughter or step-daughter.
18. Husband of sons daughter or of step-sons daughter, or of any direct lineal
descendant of a son or step-son.
19. Father of daughters husband.
20. Father of sons wife.
21. Father of husbands paternal grandfather
22. Father of husbands paternal grandmother
23. Father of husbands maternal grandfather
24. Father of husbands maternal grandmother
25. Husbands paternal grandfather,
26. Husbands maternal grandfather
27. Husbands father or step-father.
28. Brother of husbands father.
29. Brother of husbands mother
30. Husbands brothers son or his direct lineal descendant
31. Husbands sisters son or his direct lineal descendant
32. Brothers daughters husband.
33. Sisters daughters husband
NOTE : In the above table>
SCHEDULE II
(See section 6)
Certificate of Marriage
|
1 |
Date and place of marriage |
|
2 |
Names of the husband and wife |
|
3 |
Condition at the time of marriage. |
|
4 |
Rank or profession |
|
5 |
Age |
|
6 |
Residence |
|
7 |
Names of the fathers or guardians |
|
8 |
Rank or profession |
|
9 |
Signature of the officiating priest |
|
10 |
Signature of the contracting parties. |
|
11 |
Signature of fathers or guardians of the contracting parties under
21 years of age. |
|
12 |
Signature of witnesses |
1PARSI MARRIAGES AND DIVORCE (KARNATAKA)
Rules, 1961
No. HD. 13 CIM. 59
In exercise of the powers conferred by section 9 of the Parsi Marriages and Divorce
Act, 1936 (Central Act III of 1936) the Government of Karnataka hereby make the
following rules,
1. (i) These rules may be called the Parsi Marriage and Divorce (Karnataka) Rules,
1961.
(ii) They shall extend to the whole state of Karnataka.
2. In these rules :-
(a) Act means the Parsi Marriage And Divorce act, 1936.
(b) Form means the form appended to these rules.1
3. Copies of entries in the marriage certificate book which the 1Registrars are
required to send under Section 9 of the Act of the Registrar General of Births,
Deaths and Marriages shall be certified in the form appended to these rules and
shall be sent at intervals of three months on or as nearly as possible after the
first day of January, first day of April; first day of July, first day of October
in each year. If no entries have been made in the book during the preceeding three
months a nil certificate shall be sent to the Registrar General.
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