PARSI MARRIAGE ACT, 1936 INDIAN CHRISTIAN MARRIAGE ACT,

1872
 Act is applicable to the whole of India  Act is applicable to whole of India
except Jammu and Kashmir. except Cochin, Manipur, Jammu and
 Parsi means Parsi Zoroastrian. Kashmir.
 Marriage is a contract as well as
sacramental.
S.3 Requisites tovalidity of Parsi marriages:
 Not within the degrees of consanguinity
Requirements:
or affinity set forth in Schedule 1.
 Performance of ‘ Aashirwad’ by a priest  Sec 4- one or both of whom is or are
in presence of two Parsi witnesses is Christains
compulsory.  Sec 60- attain legal age (Male-21 years;
 Male : 21 years female- 18 years)
Female: 18 years  No living spouse and 2 witnesses
If the marriage is invalid and they have a  Free and voluntary consent
child, then that child would have legitimate if Sec 5. Persons authorized to perform the
the marriage would have been valid. marriage:
S. 6 Certificate and registry of marriage:  By an individual who has received the
episcopal ordination and is authorised to
 Compulsory to register the marriage.
solemnise a marriage according to the
 Immediately on the solemnization, the
rules, rites, ceremonies and the customs
officiating priest must send the
of the Church which he is a Minister.
certificate contained in Schedule 2.
 By an individual who is Clergyman
 Certificate should be signed by the said
belonging to the Church of Scotland and
priest, the contracting parties and two
is authorised to solemnise a marriage
witnesses present at the marriage.
according to the rules, rites, ceremonies
 Fee of ruppes two must be paid by the
and the customs of the Church of
husband.
Scotland.
 On receiving the certificate, the
 By an individual who is a Minister of
Registrar shall enter it in the register
Religion who is authorised to solemnise
maintained by him.
marriage with a license as per the Act.
S. 4 Remarriage when unlawful:  By an individual who is licensed under
the Act to grant Certificated of marriage
 The Act lays down that a second
between Christians in India.
marriage without divorce in case of an
earlier marraiage is void.
  A marriage where consummation of the If the marriage is performed by a person who is
marriage is impossible from natural not authorised under the Act to perform it, such
causes, may, at the instance of either marriage would be termed as void.
party to the marriage, to be declared null Sec 10. Time for solemnizing marriage :
and void.
Marriage shall be solemnized between the
S. 11 Penalty for solemnizing the marriage hours of six in the morning and seven in the
contrary to sec 4 evening and the place of marriage is a Church.
 Knowingly and wilfully solmenzing the Part 3- Marriages solemnized by ministers of
marriage that is in voilation or contrary religion licensed under this Act
to sec 4, shall face simple imprisonmnet
for a term which may extend to six  Notice of intended marriage ( Sec 12)
months or with fine which may extend to and its publication (sec 13) before the
two hundred rupees, or both. actual marriage ceremony.
 Sec 14- marriage is intented to be in a
S. 12 Penalty for priest’s neglect of
private dwelling- Minister of Religion
requirements of Sec 6:
shall forward the notice to the Marriage
 Neglecting to comply with the Registrar of the district.
requisitions contained in Sec 6, shall  Sec 17- certificate by the Minister of
face simple imprisonment for a term Religion before marriage is essential-
which may extend to three months, or shall not be issued before the expiry of 4
with the fine which may extend to one days from the date of the receipt of the
hundred rupees, or with both. notice.
Sec 34.  Parties declare that there is no
impediments like prohibited relationship,
The grounds for both divorce and judicial minority and forced consent.
separation are common.  If the marriage is not solemniseed within
two months from the date of the issue of
the certficate becomes void and fresh
notice is to be served. ( sec 26)
Part 5- Marriages solemnized by, or in the
presence of , a marriage registrar:
 Give notice in writing to any Marriage
registrar of the district or districts of their
residence. (Sec 38)
 Issuance of certificate is essential by the
Marriage Registrar before the
solemnisation of marriage. (Sec 39)
  When a marriage has not been
solemnised within two months after
notice, new notice is required.
 After marriage, registered and the entry
of such marriage shall be made in
Certificate Book and Marriage Registrar
Book.
 The entry shall be signed by both the
parties and the Marriage Registrar
present and attested by two credible
witnesses. ( Sec 54)
Part 6- Marriage of Indian Christians:
 No need of preliminary notice
 Sec 60- the age of the bridegroom is not
below 21 years and that of the bride is
not under 18 years. Neither of the parties
should have a wife or husband living.
 The parties to the marriage have to take
oath in the name of Almighty God and in
the same of Lord Jesus Christ before the
Marriage Officer and atleast two
witnesses.
 The Marriage Officer before whom the
declaration has been made, shall grant a
certificate of marriage. ( sec 61)
 Entries shall be made in the Registrar-
Book maintained for this purpose.