Parsi Marriage Registration in Mumbai
Parsi marriage registration refers to the legal process of officially recording and recognizing a marriage between individuals of Parsi origin under the provisions of the Parsi Marriage and Divorce Act of 1936. This Act explicitly governs and regulates Parsi marriages in India. Registration is a crucial step to ensure the marriage is legally valid and enjoys the protection and benefits offered by the law. Moreover, it involves submitting the necessary documents and information to the Registrar of Parsi Marriages and complying with the legal requirements outlined in the Act. Consequently, the Registrar then issues a marriage certificate, serving as proof of the marriage’s legality and can be utilized for various legal and social purposes.
For comprehensive assistance in registering your Parsi marriage in Mumbai under the Parsi Marriage and Divorce Act, 1936, Pandey Marriage Consultancy is here to help. Our expert guidance will ensure a smooth and hassle-free registration process. We provide assistance with document preparation and submission, manage the notice period, arrange witnesses, oversee fee payment, and guide you through the entire process of obtaining your Parsi marriage certificate.
The Parsi Marriage and Divorce Act, 1936:
This act holds significant importance in governing matters related to marriage and divorce within the Parsi community in India. This legislation, enacted by the British colonial government, exclusively applies to Parsis who follow Zoroastrianism. It provides a legal framework for the solemnization and dissolution of marriages among Parsis. The Act outlines procedures for marriage registration, including the notice of intended marriage, publication of notice, objections, and the issuance of marriage certificates by Parsi Marriage Registrars. Additionally, it addresses various aspects of divorce within the Parsi community, covering grounds for divorce, legal procedures, and maintenance and custody arrangements. Ultimately, the Parsi Marriage and Divorce Act, 1936, plays a crucial role in safeguarding the cultural and religious rights of Parsis in India by providing a structured legal framework for their marital and family affairs.
How to apply for Parsi Marriage Registration in Mumbai?
The Parsi Marriage and Divorce Act 1936 provides for the registration of Parsi marriages in India. The following are the provisions for marriage registration under the Act:
Section 6 of the Act states that every Parsi marriage shall be certified in the prescribed form by the officiating priest immediately on the solemnization thereof. The certificate shall be signed by the priest, the contracting parties, and two witnesses present at the marriage. The priest shall then send the certificate to the Registrar of the place at which the marriage is solemnized.
Section 7 of the Act states that the Registrar shall maintain a register of marriages in the prescribed form. The Registrar shall enter the certificate of marriage in the Register and issue a copy of the certificate to the husband.
Section 8 of the Act states that the Register of marriages shall be open for public inspection at all reasonable times. Any person may obtain a certified extract from the Register on payment of the prescribed fee.
Section 9 of the Act states that the Registrar shall send a copy of the certificate of marriage to the Registrar-General of Births, Deaths, and Marriages of the state in which the marriage is solemnized.
Section 15 of the Act states that any person who fails to register a Parsi marriage within three months of the solemnization of the marriage shall be liable to a fine not exceeding fifty rupees.
How to register a Parsi marriage
- Solemnize the marriage according to Parsi customs. This must be done by a Parsi priest.
- Obtain a certificate of marriage from the priest. The certificate must be signed by the priest, the bride and groom, and two witnesses.
- Submit the certificate of marriage to the Registrar of Marriages. You can do this in person or by mail.
- Pay the registration fee. The fee varies from state to state.
- The Registrar will register the marriage and issue a marriage certificate.
Eligibility for the Parsi Marriage Registration in Mumbai?
What are the requirements for getting married under the Parsi Marriage and Divorce Act 1936?
To get married under the Parsi Marriage and Divorce Act 1936, there are specific requirements and conditions that must be met. These requirements include:
- Parsi Community: Both parties must be of Parsi descent or Zoroastrian religion to be eligible for marriage under this Act.
- Minimum Age: The minimum age for marriage is 21 for males and 18 for females. Both parties should have attained the minimum age required by the Act.
- Consent: Both parties should freely and voluntarily consent to the marriage.
- Notice of Intended Marriage: Parties must give notice in writing to the Parsi Marriage Registrar of the district in which either party resides. The notice should include specific details about the intended marriage.
- Publication of Notice: The notice of intended marriage is published by the Parsi Marriage Registrar in a conspicuous place in the district for a minimum of 30 days.
- Objections: During the 30-day notice period, any person can object to the intended marriage by presenting valid reasons for doing so.
- Registrar’s Inquiry: If an objection is raised, the Parsi Marriage Registrar will inquire into the objection. If satisfied that there are no lawful reasons to prevent the marriage, the Registrar can permit the marriage to proceed.
- Marriage Certificate: Once the notice period is over and there are no valid objections, the Parsi Marriage Registrar will issue a certificate of marriage to the parties. This certificate is proof of the marriage.
- Solemnization of Marriage: The marriage should be solemnized in the presence of two Parsi witnesses and the Parsi Marriage Registrar. The Registrar will enter the details of the marriage in the Marriage Register.
- Registration of Marriage: The Marriage Registrar is responsible for entering the particulars of the marriage in the Marriage Register. This Register is a legal record of Parsi marriages.
Documents required for the bride and groom
- Certificate of marriage signed by the priest, the bride and groom, and two witnesses.
- Proof of age of the bride and groom.
- Proof of residence of the bride and groom.
Is registration of Parsi marriage compulsory?
Yes, registration of Parsi marriage is compulsory in India under the Parsi Marriage and Divorce Act of 1936. According to Section 15 of the Act, failing to register a Parsi marriage within three months of its solemnization can result in a fine of up to fifty rupees.
There are several important reasons why registration of Parsi marriages is mandatory. Firstly, it provides a legal record of the marriage, which is beneficial in various situations such as applying for passports or visas, as well as asserting inheritance rights. Secondly, marriage registration plays a crucial role in safeguarding the rights of women and children. For instance, in the event of a divorce between Parsi couples, the wife is entitled to maintenance from her husband. However, if the marriage is not registered, it may pose challenges for the wife to prove her entitlement to maintenance.
In conclusion, the compulsory registration of Parsi marriages not only ensures legal compliance but also serves to protect the rights and interests of individuals involved.
Can a Parsi marry a non-Parsi?
Under the Parsi Marriage and Divorce Act 1936, both the bride and groom must be Parsi to marry under the Act. However, there are two exceptions to this rule:
Firstly, if the Parsi spouse is a woman and the non-Parsi spouse is a man, the marriage is valid under the Act. Similarly, if the Parsi spouse is a man and the non-Parsi spouse is a woman, the marriage is valid under the Act if the non-Parsi spouse converts to Zoroastrianism. In both cases, the marriage must be solemnized by a Parsi priest in accordance with Parsi customs before being registered with the Registrar of Marriages within three months of solemnization.
In 2017, the Supreme Court of India ruled that a Parsi woman marrying a non-Parsi man is not automatically considered to have converted to her husband’s religion. This ruling allows Parsi women married to non-Parsi men to retain their Parsi identity and actively participate in Parsi religious activities.
However, it’s important to note that children of an interfaith marriage are not considered Parsi unless their father is Parsi. This is due to the patrilineal system followed by Parsi religious law, where children of a Parsi father are considered Parsi, regardless of their mother’s religion.
Despite these restrictions, interfaith marriage is becoming increasingly common among Parsis in India. This can be attributed to various factors, including the growing secularization of Indian society and the rising number of Parsis marrying outside their community.
FAQ for you..!
FAQ for Parsi Marriage Registration in Mumbai:
What is the Parsi Marriage and Divorce Act 1936?
The Parsi Marriage and Divorce Act 1936 is a law that governs the marriage and divorce of Parsis in India. It is a comprehensive law that covers all aspects of Parsi marriage, including the solemnization of marriage, the registration of marriage, the dissolution of marriage, and the maintenance of spouses and children.
Who can get married under the Parsi Marriage and Divorce Act 1936?
Both the bride and groom must be Parsi in order to get married under the Act. However, there are two exceptions to this rule:
- If the Parsi spouse is a woman and the non-Parsi spouse is a man, the marriage is valid under the Act.
- If the Parsi spouse is a man and the non-Parsi spouse is a woman, the marriage is valid under the Act if the non-Parsi spouse converts to Zoroastrianism.
What are the requirements for getting married under the Parsi Marriage and Divorce Act 1936?
To get married under the Parsi Marriage and Divorce Act 1936, the following requirements must be met:
- Both the bride and groom must be Parsi or meet one of the exceptions mentioned above.
- The bride and groom must be of marriageable age. In India, the legal age of marriage is 18 for women and 21 for men.
- The bride and groom must not be related to each other within the prohibited degrees of relationship.
- The marriage must be solemnized by a Parsi priest in accordance with Parsi customs.
- The marriage must be registered with the Registrar of Marriages within three months of the solemnization of the marriage.
How can I register my Parsi marriage?
To register your Parsi marriage, you will need to submit the following documents to the Registrar of Marriages:
- Certificate of marriage signed by the priest, the bride and groom, and two witnesses.
- Proof of age of the bride and groom.
- Proof of residence of the bride and groom.
You may also need to submit additional documents, depending on the state where you are registering the marriage.
Is registration of Parsi marriage compulsory?
Yes, registration of Parsi marriage is compulsory in India under the Parsi Marriage and Divorce Act 1936. Section 15 of the Act states that any person who fails to register a Parsi marriage within three months of the solemnization of the marriage shall be liable to a fine not exceeding fifty rupees.
What are the grounds for divorce under the Parsi Marriage and Divorce Act 1936?
The grounds for divorce under the Parsi Marriage and Divorce Act 1936 are as follows:
- Adultery
- Desertion
- Cruelty
- Insanity
- Mutual consent
How can I file for divorce under the Parsi Marriage and Divorce Act 1936?
To file for divorce under the Parsi Marriage and Divorce Act 1936, you will need to file a petition for divorce with the family court in your jurisdiction. The petition must state the grounds for divorce and must be accompanied by supporting evidence.
What is the process of divorce under the Parsi Marriage and Divorce Act 1936?
The process of divorce under the Parsi Marriage and Divorce Act 1936 is as follows:
- The petitioner files a petition for divorce with the family court.
- The court summons the respondent to appear in court.
- The court hears evidence from both the petitioner and the respondent.
- If the court finds that the grounds for divorce are established, it may grant a decree of divorce.
Can I get alimony or maintenance after divorce?
Yes, you may be eligible for alimony or maintenance after divorce. The court will consider a number of factors when determining whether or not to grant alimony or maintenance, including the financial needs of the spouse seeking alimony or maintenance, the financial ability of the spouse paying alimony or maintenance, and the length of the marriage.
What are the rights of children after divorce?
The court will order the custody and maintenance of the children after divorce. The court will consider the best interests of the children when making its decision.
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