27 October 2013
A couple plans to marry with parents consent, where the boy is a Hindu and the girl is a Parsi. They plan to do the wedding first as a full Hindu ceremony with Phera's. Subsequently have a civil marriage under the special marriage act. What are a) the girls legal status after the civil marriage- whether she stands converted a Hindu or she can continue to maintain her earlier religion. b)Is the law as per the Hindu marriage applicable to her or the later civil marriage c) Does she have to have the civil marriage first, to maintain her Rights of her own community Thanks for an early reply. Mehta
30 October 2013
According to Parsi Personal Law A Parsi/Zoroastrian Girl on her Marriage TO A NON Parsi - IN THIS CASE A Hindu man-if he marries a Parsi girl- the wife in such marriage automatically EMBRACE4S HER HUSBAND'S RELIGION ON HER MARRIAGE WHETHER MARRIED UNDER SPA or not-Hence personal Law of Parsis governs the religion of the Parsi wife on her marriage with a Hindu Man; she ceases to be a Parsi and automatically becomes a Hindu on her marriage to a Hindu Man. She forgoes her right to consign her body on her death to Tower of Silence after her marriage to a Hindu Man. If you wish to thank me for this reply please click th thank you button on my profile.
30 October 2013
Thanks to Expert : Ms.Nirmala P.Rao !I am really enlightened to know what parsi personal law was in past of which I was really unaware.
But Their personal law of marriage whatever that was, changed by an enactment of central government in 1936 known as The Parsi Marriage And Divorce Act, 1936(ACT No. 3 OF 1936 An Act to amend the law relating to marriage and divorce among Parsis.)2. Definitions.(7) a" Parsi" means a Parsi Zoroastrian;(5) " husband" means a Parsi husband;(6) " marriage" means a marriage between Parsis whether contracted before or after the commencement of this Act; And even before this Act, THe Parsi Marriage and Divorce Act, 1865 , (15 of 1865 )WAS IN FORCE.
THAT IS WHY SPECIAL MARRIAGE ACT WOULD COME IN PICTURE.