|
 Parsi marriage law transportable
- Rustom S. Gae
The Parsi Marriage and Divorce Act is applicable to Parsis married under the Act, wherever they may be domiciled
The Parsi Marriage and Divorce Act, 1936 (the Act) makes separate provisions for the Parsi marriage, for grounds for declaration of nullity of marriage and for their dissolution and divorce. For a marriage to be valid both parties to the marriage must be Parsis (i.e. Parsi Zoroastrians) and such marriage must be solemnized according to the form of ceremony called ashirvad by a Parsi priest in the presence of two Parsi witnesses. Compulsory registration of marriages is an integral feature of the Act.
In 1988 on the representation of the Parsi community the Act was amended enabling parties to a marriage to obtain divorce by mutual consent. For the purpose both the parties to the marriage must file a suit for divorce on the ground that they have been living separately for a period of at least one year, they have not been able to live together and they have mutually agreed that the marriage should be dissolved. After hearing the parties the court may pass a decree declaring the marriage to be dissolved. This is a cheap, expeditious and effective remedy to obtain divorce by mutual consent and thereby avoid contentious and at times painful litigation. However, several times this remedy is not invoked due to the hostile attitude of one of the parties to the marriage refusing to give his or her consent to move the court, prolonging thereby acrimony among the parties.
An irretrievable breakdown of marriage is not included as one of the grounds for divorce. Whether that should be a ground is a moot issue giving rise to differing views. Fear is entertained in some quarters that this might be used to harass women belonging to the downtrodden or weaker sections of the society and thereby deprive them of the rights and privileges enjoyed by them on marriage. The issue, being controversial, needs consideration on a wider range, having regard to personal laws of the communities concerned.
Very frequently women are thrown out of marriage on dubious or frivolous grounds and courts should see that this does not happen as far as possible. In most of such cases the husband's plea is that the marriage has broken down irretrievably and divorce is the only option. However, the Supreme Court has held that an irretrievably broken marriage is not a straightjacket formula for grant of relief of divorce and has cautioned against easy divorces. It is only in extreme circumstances that the court may use this ground for dissolving a marriage as the last recourse. Every effort must therefore be made to preserve the institution of marriage through arbitration aimed at reconciliation through legal or social mechanisms. Broken homes are traumatic for every person in the family, specially children and that should be avoided as far as possible.
In 2001, section 125 of the Code of Criminal Procedure, 1973 was amended whereby the ceiling of Rs 500 payable as maintenance allowance by a person to his wife, children and aging parents was removed. The quantum of maintenance allowance is now left entirely to the discretion of the court. Further the Act has been amended providing that an application for alimony pendent lite (pending litigation), maintenance and custody of minor children shall be disposed of within 60 days from the date of service of notice on the respondent. Thus women who are divorced or seeking maintenance, etc from their estranged husbands will derive benefit by the aforesaid provisions of law.
One particular provision of the Act, which is unique and has no counterpart in the personal law of any other community, is contained in section 52 dealing with applicability of the provisions of the Act. Section 52(2) provides that a Parsi who has contracted a marriage under the Act shall remain bound by the provisions of this Act, even though such Parsi may change his or her religion or domicile, so long as his or her wife or husband is alive and so long as such Parsi is lawfully not divorced from such wife or<
|
 Editorial Viewpoint
Quotes
Events & Personalities
Religion
Law
Business
Youth
Recent
Issues
21-Dec-2009
7-Dec-2009
21-Nov-2009
|
