The Parsi Marriage and Divorce Act, 1936.

(1) This Act may be called the Parsi Marriage andDivorce Act, 1936. (2) 1[It extends to the whole of India except the State of Jammu and Kashmir*:] Provided that the Central Government may, in respect of 2[territories which, immediately before the1st November, 1956, were comprised in Part B States] by notification in the Official Gazette, direct thatthe provisions of this Act relating to the constitution and powers of Parsi Matrimonial Courts and toappeals from the decisions and orders of such Courts shall apply with such modifications as may bespecified in the notification: 3[Provided further that nothing contained in this Act shall apply to the Renoncants of the Unionterritory of Pondicherry.] (3) It shall come into force on such date4 as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless there is anything repugnant in the subject or context,-- (1) "Chief Justice" includes senior Judge; (2) "Court" means a Court constituted under this Act; (3) to "desert" together with its grammatical variations and cognate expressions, means to desertthe other party to a marriage without reasonable cause and without the consent, or against the will, ofsuch party; (4) "grievous hurt" means-- (a) emasculation; (b) permanent privation of the sight of either eye; (c) permanent privation of the hearing of either ear; (d) privation of any member or joint; (e) destruction or permanent impairing of the powers of any member or joint; (f) permanent disfiguration of the head or face; or (g) any hurt which endangers life; (5) "husband" means a Parsi husband; (6) "marriage" means a marriage between Parsis whether contracted before or after thecommencement of this Act; (7) a "Parsi" means a Parsi Zoroastrian; (8) "priest" means a Parsi priest and includes Dastur and Mobed; and (9) "wife" means a Parsi wife.

1[(1)] No marriage shall be valid if-- (a) the contracting parties are related to each other in any of the degrees of consanguinity oraffinity set forth in Schedule I; or (b) 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 2[(c) in the case of any Parsi (whether such Parsi has changed his or her religion or domicile ornot) who, if a male, has not completed twenty-one years of age, and if a female, has not completedeighteen years of age.] 3[(2) Notwithstanding that a marriage is invalid under any of the provisions of sub-section (1), anychild of such marriage who would have been legitimate if the marriage had been valid, shall belegitimate.]

(1) No Parsi (whether such Parsi has changed his or her religion ordomicile or not) shall contract any marriage under this Act or any other law in the lifetime of his or herwife or husband, whether a Parsi or not, except after his or her lawful divorce from such wife or husbandor after his or her marriage with such wife or husband has lawfully been declared null and void ordissolved, and, if the marriage was contracted with such wife or husband under the Parsi Marriage andDivorce Act 18651(15 of 1865), or under this Act, except after a divorce, declaration or dissolution asaforesaid under either of the said Acts. (2) Every marriage contracted contrary to the provisions of sub-section (1) shall be void.

Every Parsi who during the lifetime of his or her wife or husband,whether a Parsi or not, contracts a marriage without having been lawfully divorced from such wife orhusband, or without his or her marriage with such wife or husband having legally been declared null andvoid or dissolved, shall be subject to the penalties provided in sections 494 and 495 of the Indian PenalCode (45 of 1860) for the offence of marrying again during the lifetime of a husband or wife.