- Conditions and requirements
The marriage is legitimate only under the following conditions–
(1)The groom must be at least 21 years old.
(2)The bride must be 18 years old.
(3)- Neither party should have a spouse at the time of marriage.
(4)The agreement between the two parties must be free and voluntary and without compulsion, undue influence, or threat of violence.
(5)The marriage must be witnessed by two reliable eye-witnesses and by a licensed marriage performer.
(6) The Registration of Marriage is Compulsory
Procedure for the solemnization of Marriage-
- A Christian Marriage is performed between the parties to the marriage according to the rituals considered essential and proper as per the Minister of religion, marriage registrars, and persons licensed to solemnize the marriage. Before performing marriage rituals-
- 1)-A written application or notice is made by either party to the marriage residing in the same area to the Marriage Registrar to notify the concerned authority of their intention to get married. In case both the gatherings live in various regions, each gathering would need to make a different notification recorded as a hard copy to the Marriage Registrar situated inside their spaces of the home.
- 2)-The written application or notice is recorded in the ‘marriage notebook’ and is pasted in a clear noticeable area in the office
3)-Before the certificate of notice has been issued, either one party to the marriage should make a personal appearance before the Marriage Registrar, pledging that:
- there is no obstacle, natural inclination, or another legitimate impediment to the Marriage
- (4)In the presence of a person licensed under section 9, and of at least two credible witnesses other than such person, each of the parties shall say to the other ———–
- “I call upon these persons here present to witness that I, in the presence of Almighty God, and the name of our Lord Jesus Christ, do take thee, to be my Lawful wedded wife or husband “ or words to the like effect
- (5)-Once the pledge has been taken before the registrar by either one of the parties to the marriage and a time limit of four days has elapsed after the notice of intended marriage has been received, the Registrar has the power to issue the Certificate of Notice. The information contained in the Certificate of Notice pertains to the location of the Church or Chapel, where the marriage rituals are expected to be performed.
- Under the Indian Divorce Act, 1869 (section 18 and 19 ), a marriage may be declared null and void on the following grounds :
- 1)the respondent was impotent at the time of marriage and at the time and at the time of institution of the suit ;
- 2) the parties are within the prohibited degree of consanguinity or affinity ;
- 3) either party was a lunatic or idiot at the time of marriage
- 4) the former husband or wife of either party was living at the time of marriage and the earlier marriage was subsisting.
- Requisites to Validity of Parsi Marriages( Parsi Marriage and Divorce Act, 1936)
- No Parsi marriage shall be valid if (1)-The contracting parties are related to each other in any of the degrees of consanguinity or affinity outlined in Schedule I; or
- (2)-Such marriage is not solemnized according to the Parsi form of a ceremony called “Ashirvad” by a priest in the presence of two Parsi witnesses other than such priest; or
- (3)-In the case of any Parsi (whether such Parsi has changed his or her religion or domicile or not) who, if a male, has not completed 21 years of age, and if a female, has not completed 18 years of age. If a party to the marriage is under that age, the consent of the guardian should be obtained
- Notwithstanding that a marriage is invalid under any of the provisions of sub-section (1), any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate.
- (4)–Certificate and Registry of Marriage
- Every marriage contracted under this Act shall, immediately on the solemnization thereof, be certified by the officiating priest in the form contained in Schedule II.
- The certificate shall be signed by the said priest, the contracting parties, and two witnesses present at the marriage; and the said priest shall thereupon send such certificate together with a fee of Rs 2/- paid by the husband, to the Registrar of the place at which such marriage is solemnized.
- The Registrar enters the certificate in a register kept for the purpose and the register is accepted as proof of the statements made therein. However, failure to register a marriage does not affect its validity.
- The Act lay down that no marriage contracted shall be deemed to be invalid solely because it was not certified by the priest who officiated at the ceremony or that the certificate was defective, irregular, or incorrect.
- (5)–Punishment of Bigamy
A Parsi marriage is monogamous.
- 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 or husband, or without his or her marriage with such wife or husband having legally been declared null and void or dissolved, shall be subject to the penalties provided in sections 494 and 495 of the Indian Penal Code for the offense of marrying again during the lifetime of a husband or wife.
- The Parsi Marriage and Divorce Act, 1936 lays down that the second marriage without divorce in case of an earlier marriage is void. ( section 4)
- A marriage where the consummation of the marriage is impossible from natural causes, may, at the instance of either party to the marriage, be declared null and void. ( section 30).