FAMILY LAW 1PRESNTATION

NATURE OF MARRIAGE UNDER PARSI AND CHIRSTIAN LAW: AN

OVERVIEW
BY: ANMOL PAREEK
ROLL NO. : 24
SAP ID: 500048277

CHRISTIAN MARRIAGE LAW

THE INDIAN CHRISTIAN MARRIAGE ACT, 1872, RELATES TO SOLEMNISATION OF MARRIAGE OF
PERSONS PROFESSING CHRISTIAN RELIGION. THREE SETS OF AUTHORITIES ARE PROVIDED FOR
SOLEMNIZATION OF MARRIAGES VIZ., MINISTER OF RELIGION, MARRIAGE REGISTRARS AND
PERSON LICENSED TO SOLEMNIZE MARRIAGE.
CHRISTIAN MARRIAGES IN INDIA, INCLUDING THE SPECIAL LAWS OF THE STATE OF GOA
FOR A VALID CHRISTIAN MARRIAGE;
TO GET MARRIED UNDER THE CHRISTIAN MARRIAGE ACT ONE OR BOTH OF THE PARTIES MUST BE
CHRISTIAN.
NOTICE MUST BE GIVEN BY ONE PARTY TO MINISTER OF RELIGION
NOTICE TO CHURCH
DECLARATION
CERTIFICATE IS ISSUED BY THE MINISTER AND THE MARRIAGE MAY BE SOLEMNISED.
AND ALSO MARRIAGE CAN BE SOLEMNIZED BY LICENSED PERSON IN PRESENCE OF TWO CREDIBLE
WITNESS.

DIVORCE UNDER CHRISTIAN MARRIAGE

ACT
IN MOST WESTERN NATIONS DIVORCE IS GRANTED TO A CHRISTIAN COUPLE
UNDER APPROXIMATELY 16 REASONS. WHEREAS IN INDIA UNDER THE CHRISTIAN
MARRIAGE ACT OF 1872, ONLY FIVE REASONS ARE ACCEPTED AS GROUNDS FOR
DIVORCE , THESE INCLUDE:
1. ADULTERY
2. CRUELTY
3. DESERTION
4. IMPOTENCY
5. CHRONIC DISEASE
6. MUTUAL CONSENT

MAINTENANCE UNDER CHRISTIAN LAW

CHRISTIAN WOMAN CAN CLAIM MAINTENANCE FROM HER SPOUSE THROUGH
CRIMINAL PROCEEDING OR/AND CIVIL PROCEEDING.
UNDER SECTION 37 OF THE INDIAN DIVORCE ACT, 1869, SHE CAN APPLY FOR
ALIMONY/ MAINTENANCE IN A CIVIL COURT OR HIGH COURT AND, HUSBAND
WILL BE LIABLE TO PAY HER ALIMONY SUCH SUM, AS THE COURT MAY ORDER,
TILL HER LIFETIME.
THE INDIAN DIVORCE ACT, 1869 WHICH IS ONLY APPLICABLE TO THOSE
PERSONS WHO PRACTICE THE CHRISTIANITY RELIGION INTER ALIA GOVERNS
MAINTENANCE RIGHTS OF A CHRISTIAN WIFE.
THE PROVISIONS OF THE INDIAN DIVORCE ACT, 1869 ARE PRODUCED HEREIN
COVERED UNDER PART IX -SECTION 36-S.38
ALTERNATIVELY, AS PREVIOUSLY MENTIONED S.125 OF CR.P.C., 1973 IS ALWAYS
THERE IN THE SECULAR REALM

PARSI MARRIAGE LAW

THE PARSI MARRIAGE AND DIVORCE ACT, 1936 GOVERNS THE MATRIMONIAL RELATIONS
OF PARSIS IN INDIA. THE ACT DEFINES THE WORD 'PARSI' AS A PARSI ZOROASTRIAN. A
ZOROASTRIAN IS A PERSON WHO PROFESSES THE ZOROASTRIAN RELIGION.
NO PARSI MARRIAGE SHALL BE VALID IF;
1) THE CONTRACTING PARTIES ARE RELATED TO EACH OTHER IN ANY OF THE DEGREES
OF CONSANGUINITY OR AFFINITY SET FORTH IN SCHEDULE I; OR
2) 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
3) IN THE CASE OF ANY PARSI WHO, IF A MALE, HAS NOT COMPLETED 21 YEARS OF AGE,
AND IF A FEMALE, HAS NOT COMPLETED 18 YEARS OF AGE. IF A PARTY TO THE
MARRIAGE IS UNDER THAT AGE, THE CONSENT OF THE GUARDIAN SHOULD BE
OBTAINED.

DIVORCE UNDER PARSI MARRIAGE

BY THE PARSI MARRIAGE AND DIVORCE (AMENDMENT) ACT, 1988 (5 OF 1988),
SCOPE OF CERTAIN PROVISIONS OF THE PARSI MARRIAGE AND DIVORCE ACT,
1936 HAVE BEEN ENLARGED SO AS TO BRING THEM IN LINE WITH THE HINDU
MARRIAGE ACT, 1955.
1. ADULTERY
2. CRUELTY
3. DESERTION
4. IMPOTENCY
5. CHRONIC DISEASE
6. MUTUAL CONSENT

MAINTENANCE UNDER PARSI LAW

PARSI CAN CLAIM MAINTENANCE FROM THE SPOUSE THROUGH CRIMINAL PROCEEDINGS OR/
AND CIVIL PROCEEDINGS. INTERESTED PARTIES MAY PURSUE BOTH CRIMINAL AND CIVIL
PROCEEDINGS, SIMULTANEOUSLY AS THERE IS NO LEGAL BAR TO IT.
SECTION 39 OF PARSI MARRIAGE AND DIVORCE ACT 1936 , SIMILAR TO SECTION 24 OF
HINDU MARRIAGE ACT.
IF THE HUSBAND REFUSES TO PAY MAINTENANCE
THE PARSI MARRIAGE AND DIVORCE ACT, 1936 RECOGNIZES THE RIGHT OF WIFE TO
MAINTENANCE BOTH ALIMONY PENDENTE LITE AND PERMANENT ALIMONY.
THE MAXIMUM AMOUNT THAT CAN BE DECREED BY COURT AS ALIMONY DURING THE TIME A
MATRIMONIAL SUIT IS PENDING IN COURT, IS ONE-FIFTH OF THE HUSBAND'S NET INCOME.
THE ORDER WILL REMAIN IN FORCE AS LONG AS WIFE REMAINS CHASTE AND UNMARRIED.

CONCLUSION
CHRISTIAN LAW

PARSI LAW