Nature of parsi and christian marriage

for academic purpose

1. ApoorvaSinha
B.Com.,LL.B.
2
nd
year
UPES, Dehradun
NATUREOFMARRIAGEUNDERPARSI
ANDCHRISTIANLAW: ANOVERVIEW

2. 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
Parsiand Christian.

3. Who are Parsis?
The Parsiscame and settled down in India as a
result of their persecution in their native land,
Persia.
The Indian Parsisbelong 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 tenentsof good thoughts, good
words and good deed.
Section 2 of ParsiMarriage and Divorce Act 1936
defines a Parsias ParsiZoroastrian, professing
Zoroastrian religion.

4. 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 convertsSection 3.

5. 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.

6. Concept of Marriage under ParsiLaw
The ParsiMarriage is also regarded as a contract though religious ceremony
of Ashirvadis essential for its validity.
‘Ashirvad’ literally means blessing, a prayer or divine exhortation to the
parties to observe their marital obligations with faith.
Parsilaw gives equal treatment to both the sexes. The rights as well as
remedies prescribed under Parsilaw are equally available to both husband
and the wife.
The valid conditions for marriage is under section 3 of ParsiMarriage and
Divorce Act, 1872.

7. MATRIMONIAL REMEDIES

9. ParsiLaw
Under the ParsiMarriage and Divorce Act, 1936,
divorce can be sought under s.32 of the Act on the
following grounds.

10. 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 withcruelty 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 parsiby 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)Punishmentunder ss. 494 and 495 of IPC. Section 5.
(c)Priest is penalisedfor willfully doing so. Section 11
Divorce or judicial
separation

11. Hin2
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 solemenizationof marriage,
owing to wilfulrefusal of respondent. Section 32(a)
Void
Divorce
Mental Illness/
Abnormality
Unsound mind at the time of marriage and uptodateof suit.Section
32(b)
Annulment
Leprosy No Provision
Venereal DiseaseThe defendant must haveinfected 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 decreeof
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)
Plaintiffignorant at time of marriage; case to be filed within 2 years of
marriage; no cohabitation after discovery of fact. Section 32(c)
proviso
Divorce

12. Christian Law
The Indian Divorce Act, 1869, which has been
substantially amended in 2001, s.10 provides for
divorce on the following grounds.

13. Groundsfordissolutionofmarriage-(l)Anymarriagesolemnized,
whetherbeforeorafterthecommencementoftheIndianDivorce
(Amendment)Act,2001,may,onapetitionpresentedtotheDistrict
Courteitherbythehusbandorthewife,bedissolvedontheground
thatsincethesolemnizationofthemarriage,therespondent-
i.hascommittedadultery;or
ii.hasceasedtobeChristianbyconversiontoanotherreligion;or
iii.hasbeenincurablyofunsoundmindforacontinuousperiodof
notlessthantwoyearsimmediatelyprecedingthepresentationof
thepetition;or
iv.has,foraperiodofnotlessthantwoyearsimmediately
precedingthepresentationofthepetition,beensufferingfroma
virulentandincurableforofleprosy;or

14. (v)has,foraperiodofnotlessthattwoyearsimmediatelypreceding
thepresentationofthepetition,beensufferingfromvenereal
diseaseinacommunicableform;or
(vi)hasnotbeenheardofasbeingaliveforaperiodofsevenyearsor
morebythosepersonswhowouldnaturallyhaveheardofthe
respondentiftherespondenthadbeenalive;or
(vii)haswilfullyrefusedtoconsummatethemarriageandthemarriage
hasnotthereforebeenconsummated;or
(viii)hasfailedtocomplywithadecreeforrestitutionofconjugal
rightsforaperiodoftwoyearsorupwardsafterthepassingofthe
decreeagainsttherespondent;or
(ix)hasdesertedthepetitionerforatleasttwoyearsimmediately
precedingthepresentationofthepetition;or
(x)hastreatedthepetitionerwithsuchcrueltyastocauseareasonable
apprehensioninthemindofthepetitionerthatitwouldbeharmfulor
injuriousforthepetitionertolivewiththerespondent

16. ParsiLaw
BytheParsiMarriageandDivorce(Amendment)
Act,1988unders.32B.

17. Christian Law
Divorcebymutualconsenthasalsobeenintroduced
byinsertinganews.10A.IndianDivorce
AmendmentAct(Act51of2001)

18. Judicial Separation

19. ParsiLaw
ProvisionforJudicialSeparationisunders.34of
theParsiMarriageandDivorceAct,1936.
Thegroundforbothofthematrimonialreliefs,
viz.,divorceandjudicial,arecommon.

20. Christian Law
Unders.22oftheIndianDivorceAct,1869,a
husbandorwifemayobtainadecreeforjudicial
separationonthegroundofadulteryorcrueltyor
desertionfortwoyearsorupwards.

21. Conclusion
NumerousdifferencesinrightsofParsiand
Christians.
Article15protectstherightsofeverycitizen
irrespectiveofreligion.
TheUniformCivilCodeisthewaytocurbthis
inequality.
TheUniformCivilCodewillpracticallyprove
Indiaasasecularstate.
ItisaneedofthishourtoletUniformCivilCode
takebirthinIndianLaws.

22. THANK YOU