Parsi Marriage Law in India: 1936 Act and Divorce

Parsi marriages in India are governed by the Parsi Marriage and Divorce Act, 1936, which keeps the Ashirvad ceremony at its centre and sends disputes to special Parsi Matrimonial Courts. Here is how the Act works.

By TrueSaath · published 2026-10-22 · checked October 2026 · general information, not legal advice

The Parsi Marriage and Divorce Act, 1936

The Parsi Marriage and Divorce Act, 1936, amended significantly in 1988, is the personal law for marriage and divorce among Parsi Zoroastrians in India. It covers the conditions for a valid marriage, its certification and registration, and a full set of matrimonial remedies: nullity, divorce, judicial separation, restitution of conjugal rights, alimony and custody. The Act extends to the whole of India.

In Uttarakhand, the state's Uniform Civil Code has applied since 27 January 2025 to all residents except Scheduled Tribes, so residents there follow that Code for marriage and divorce.

What makes a Parsi marriage valid

Under section 3, a Parsi marriage is not valid if:

the parties are related within the prohibited degrees of consanguinity or affinity listed in Schedule I;
it is not solemnised according to the Parsi form of ceremony called Ashirvad by a Parsi priest, in the presence of two Parsi witnesses other than the priest;
in the case of a Parsi man, he has not completed 21 years, or a Parsi woman has not completed 18 years.

Children of a marriage that fails these conditions are still treated as legitimate if they would have been legitimate had the marriage been valid. Section 4 makes a second marriage unlawful while a spouse is alive, unless the earlier marriage has been lawfully dissolved or declared void, and section 5 applies the penalty for bigamy.

Certificate and registration by the priest

Registration under the Parsi Act is built into the ceremony. Section 6 requires every marriage, immediately after solemnisation, to be certified by the officiating priest in the form in Schedule II. The certificate is signed by the priest, the couple and the two witnesses, and the priest sends it to the Registrar of the place of marriage, who enters it in a register. The Act punishes a priest who neglects these steps. Copies of certificates are sent to the Registrar General of Births, Deaths and Marriages, and the register is open for inspection.

Because the priest handles registration, most Parsi couples do not need a separate application under the Act. Some states also have general compulsory registration laws, and many agencies ask for a government certificate, so check your state registration page and documents for marriage registration.

Parsi Matrimonial Courts

Matrimonial suits under the Act go to special courts: Parsi Chief Matrimonial Courts and Parsi District Matrimonial Courts. A judge presides, aided by delegates, who are Parsis appointed for the purpose. Under section 46, questions of law and procedure are decided by the judge, while the decision on the facts is that of the majority of the delegates hearing the case; where they are equally divided, the judge decides. Suits are heard in camera, and an appeal lies to the High Court.

Grounds for divorce

Under section 32, either spouse may sue for divorce on grounds including: non-consummation within one year due to wilful refusal; unsoundness of mind at marriage that continues, if unknown to the plaintiff and the suit is filed within three years; incurable unsoundness of mind or serious mental disorder; the wife being pregnant by another person at marriage, subject to time limits; adultery, fornication, bigamy, rape or an unnatural offence; cruelty; voluntarily causing grievous hurt or infecting the spouse with venereal disease; a prison sentence of seven years or more, after one year has been served; desertion for at least two years; no marital intercourse for a year after a magistrate's maintenance order; and ceasing to be a Parsi by conversion. Several grounds must be raised within fixed periods, so act promptly.

Section 32A adds a ground where cohabitation has not resumed for a year after a decree of judicial separation, or a decree of restitution has not been complied with for a year. Section 32B allows divorce by mutual consent on a joint suit where the couple have lived separately for one year or more, cannot live together and agree to end the marriage, provided at least a year has passed since the wedding. The general guide to mutual consent divorce explains the wider process, and maintenance and alimony covers financial claims.

Inter-faith marriages and community questions

A Parsi who marries someone of another faith cannot use the Ashirvad route under this Act, which requires a Parsi marriage. Such couples usually marry under the Special Marriage Act, 1954; see inter-religion marriage registration.

Questions about the religious identity and access to community places of worship for Parsi women who marry outside the community have come before the courts. In the case of Goolrokh Gupta, the Gujarat High Court held in 2012 that she had ceased to be a Parsi on marrying under the Special Marriage Act; the Supreme Court took up her appeal, and a Constitution Bench observed that the law does not recognise a woman's religion merging into her husband's on marriage. The broader question has been tagged with a larger-bench reference on freedom of religion, which as of October 2026 was awaiting judgment. These are sincerely held matters for many families, and the law here may still develop.

This page is general information, not legal advice. Laws and procedures change, and courts may read them differently in your facts. For your own situation, speak to a lawyer, or get free legal aid through your District Legal Services Authority or NALSA's toll-free legal aid helpline 15100. More guides are on our marriage law hub.

Registering the marriage?

The registration guides cover court marriage, documents and the office and portal in every state.

Marriage registration All marriage law

Questions people ask

What is the Ashirvad ceremony in Parsi law?

Ashirvad is the Parsi form of marriage ceremony. Section 3 of the Parsi Marriage and Divorce Act, 1936 requires it to be performed by a Parsi priest before two Parsi witnesses for the marriage to be valid under the Act.

Who registers a Parsi marriage?

The officiating priest. Under section 6 he certifies the marriage, has it signed by the couple and two witnesses, and sends the certificate to the Registrar, who enters it in the marriage register.

What are delegates in a Parsi Matrimonial Court?

Delegates are Parsis appointed to sit with the presiding judge. Under section 46 the majority of the delegates decides the facts of the case, while the judge decides questions of law and procedure.

How long must Parsi spouses live apart for a mutual consent divorce?

Section 32B requires them to have lived separately for one year or more, and the suit cannot be filed until at least one year after the marriage.

Can a Parsi marry a non-Parsi in India?

Yes, under the Special Marriage Act, 1954, which is open to couples of any religion. Such a marriage is not solemnised under the Parsi Act.

Sources

Checked in October 2026. Laws, rules and court positions change; confirm the current position before acting on it.

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