The Parsi Marriage and Divorce Act, 1936 governs the matrimonial relations of Parsis in India. The Act defines the word 'Parsi' as a Parsi Zoroastrian. A Zoroastrian is a person who professes the Zoroastrian religion. It has a racial significance. Every marriage as well as divorce under this Act is required to be registered in accordance with the procedure prescribed in the Act.
No Parsi marriage shall be valid if :
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.
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.
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.
By the Parsi Marriage and Divorce (Amendment) Act, 1988 (5 of 1988), scope of certain provisions of the Parsi Marriage and Divorce Act, 1936 have been enlarged so as to bring them in line with the Hindu Marriage Act, 1955.