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
Parsi and Christian.
3. Who are Parsis?
The Parsis came and settled down in India as a
result of their persecution in their native land,
Persia.
The Indian Parsis belong 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 tenents of good thoughts, good
words and good deed.
Section 2 of Parsi Marriage and Divorce Act 1936
defines a Parsi as Parsi Zoroastrian, 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 converts Section 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 Parsi Law
The Parsi Marriage is also regarded as a contract though religious ceremony
of Ashirvad is essential for its validity.
‘Ashirvad’ literally means blessing, a prayer or divine exhortation to the
parties to observe their marital obligations with faith.
Parsi law gives equal treatment to both the sexes. The rights as well as
remedies prescribed under Parsi law are equally available to both husband
and the wife.
The valid conditions for marriage is under section 3 of Parsi Marriage and
Divorce Act, 1872.
9. Parsi Law
Under the Parsi Marriage 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 with cruelty 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 parsi by 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) Punishment under ss. 494 and 495 of IPC. Section 5.
(c) Priest is penalised for willfully doing so. Section 11
Divorce or judicial
separation
11. Hin 2
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 solemenization of marriage,
owing to wilful refusal of respondent. Section 32(a)
Void
Divorce
Mental Illness/
Abnormality
Unsound mind at the time of marriage and upto date of suit. Section
32(b)
Annulment
Leprosy No Provision
Venereal Disease The defendant must have infected 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 decree of
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)
Plaintiff ignorant 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. Grounds for dissolution of marriage-(l) Any marriage solemnized,
whether before or after the commencement of the Indian Divorce
(Amendment) Act, 2001, may, on a petition presented to the District
Court either by the husband or the wife, be dissolved on the ground
that since the solemnization of the marriage, the respondent-
i. has committed adultery; or
ii. has ceased to be Christian by conversion to another religion; or
iii. has been incurably of unsound mind for a continuous period of
not less than two years immediately preceding the presentation of
the petition; or
iv. has, for a period of not less than two years immediately
preceding the presentation of the petition, been suffering from a
virulent and incurable for of leprosy; or
14. (v) has, for a period of not less that two years immediately preceding
the presentation of the petition, been suffering from venereal
disease in a communicable form; or
(vi) has not been heard of as being alive for a period of seven years or
more by those persons who would naturally have heard of the
respondent if the respondent had been alive; or
(vii) has wilfully refused to consummate the marriage and the marriage
has not therefore been consummated; or
(viii) has failed to comply with a decree for restitution of conjugal
rights for a period of two years or upwards after the passing of the
decree against the respondent; or
(ix) has deserted the petitioner for at least two years immediately
preceding the presentation of the petition; or
(x) has treated the petitioner with such cruelty as to cause a reasonable
apprehension in the mind of the petitioner that it would be harmful or
injurious for the petitioner to live with the respondent
15.
16. Parsi Law
By the Parsi Marriage and Divorce (Amendment)
Act, 1988 under s.32B.
17. Christian Law
Divorce by mutual consent has also been introduced
by inserting a new s. 10A. Indian Divorce
Amendment Act (Act 51 of 2001)
19. Parsi Law
Provision for Judicial Separation is under s. 34 of
the Parsi Marriage and Divorce Act, 1936.
The ground for both of the matrimonial reliefs,
viz., divorce and judicial, are common.
20. Christian Law
Under s. 22 of the Indian Divorce Act, 1869, a
husband or wife may obtain a decree for judicial
separation on the ground of adultery or cruelty or
desertion for two years or upwards.
21. Conclusion
Numerous differences in rights of Parsi and
Christians.
Article 15 protects the rights of every citizen
irrespective of religion.
The Uniform Civil Code is the way to curb this
inequality.
The Uniform Civil Code will practically prove
India as a secular state.
It is a need of this hour to let Uniform Civil Code
take birth in Indian Laws.
