The Parsi Marriage and Divorce Act, 1936 governs marriage, divorce, and maintenance among Parsis in India. As per law there are certain prescribed requirements, procedure, and practice for Parsi marriage, divorce, and maintenance :

Parsi Marriage: Requirements for Parsi Marriage:

  • Both parties must be Parsi, or one party must be Parsi and the other must be a Zoroastrian.
  • Both parties must be of legal age (18 years for the groom and 15 years for the bride).
  • The parties must not be closely related within the prohibited degree of relationship.

Procedure for Parsi Marriage:

  • The parties must give notice of their intention to marry to the Parsi Marriage and Divorce Registrar at least 30 days before the intended date of marriage.
  • The notice must be signed by both parties and two witnesses.
  • The Parsi Marriage and Divorce Registrar will then publish the notice in the prescribed manner and display it on a notice board.
  • If no objection is received within 30 days of the publication of the notice, the Registrar will issue a certificate of marriage.

Practice for Parsi Marriage:

  • Parsi marriages are usually solemnized in the presence of family and friends, in accordance with Parsi customs and traditions.
  • The bride and groom exchange rings and vows, and the ceremony is followed by a reception.

Parsi Divorce: Grounds for Parsi Divorce:

  • Adultery
  • Cruelty
  • Desertion for at least two years
  • Conversion to another religion
  • Insanity for at least two years

Procedure for Parsi Divorce:

  • The spouse seeking divorce must file a petition in the Parsi Matrimonial Court.
  • The petition must state the grounds for divorce and provide evidence to support the claims.
  • The court will then issue a summons to the other spouse, asking them to appear in court on a specific date.
  • If the other spouse does not appear, the court may proceed with the case in their absence.
  • If the other spouse appears in court, they may file a written statement in response to the petition.
  • The court may then hear arguments from both parties and any witnesses before making a decision on the divorce.
  • If the court grants a divorce, it will issue a decree of divorce that dissolves the marriage.

Parsi Maintenance:

Maintenance for Parsi Wife:

  • A Parsi wife who is unable to maintain herself has the right to claim maintenance from her husband.
  • The amount of maintenance is determined by the court based on the income and financial position of the husband and the needs of the wife.

Maintenance for Parsi Children:

  • In case of divorce, the court may order the husband to pay maintenance for the children.
  • The amount of maintenance is determined by the court based on the income and financial position of the husband and the needs of the children.