NATIONAL LAW INSTITUTE UNIVERSITY BHOPAL

SEMESTER I

SYNOPSIS- FAMILY LAW I

TOPIC – THE PARSI MARRIAGE AND DIVORCE

ACT; ESSENTIAL CONDITION OF A PARSI
LAW

SUBMITTED TO SUBMITTED BY
Prof. DEBASHREE SARKAR PANKAJ SINGH
ROLL NO. 2019BALL53
INTRODUCTION
Marriage is a universal human institution which has formed the foundation of the family. It
usually means a voluntary union for life of one man with one woman to the exclusion of
others. While the traditions surrounding marriage ceremonies, the rights and obligations of
marriage, the way of choosing one’s marriage partner, and even who all are permitted to
marry may differ from culture to culture. In the case of Shaw v. Gould, Lord Westbury said
Marriage is the very foundation of civil society, and no part of law and institutions of a
country can be of more vital importance to its subjects than those which regulate the manner
and the conditions of forming, and if necessary of dissolving, the marriage contract.‟
Marriage is a basic social and legal institution. This paper will analyse the laws relating to the
marriage and divorce in Parsi law and how far they are effective in the modern-day context.
The lacunas in the law will be looked into and suggestions shall be made as to what needs to
be incorporated in our law so as to make it equal for everyone. It will be limited in scope only
to Parsi law marriage and divorce.

STATEMENT OF PROBLEM

Study is limited to the discussion about the issues in regards to married and divorce under
Parsi law. My piece of research includes a keen comprehension in Parsi law and what major
changes come in to society through his reform of Parsi law.

OBJECTIVE OF STUDY

The researcher has analysed the laws related to the /marriage and divorce under Parsi law and
how far they are effective in the modern-day context. Further, the researcher has looked into
the lacunas of the law and has made certain suggestions which need to be incorporated.
HYPOTHESIS

The researcher has presumed that marriage under Zoroastrianism is a spiritual discipline and
not a civil contract.

RESEARCH QUESTIONS

 What is the Parsi married and divorce act?

 How to Parsi get married?
 Can a Parsi married to nan Parsi?

RESEARCH METHODOLOGY

The researcher has relied on Doctrinal mode of research

CHAPTERIZATION

 HISTORY AND ORIGIN OF PARSIS

 MARRIAGE UNDER PARSI LAW
 DIVORCE UNDER PARSI LAW
 COMPARATIVE STUDY OF VALID MARRIAGE UNDER PERSONAL LAWS
 ESSENTIAL CONDITION OF PARSI LAW
 CONCLUSION

REVIEW OF LITERATUR
TITTLE- FAMILY LAW I

AUTHOR- PROF. KUSUM

Family law including marriage and divorce, maintenance and division of matrimonial
property, guardianship and child custody, as well as adoption, as developed by the Supreme
Court and various High Courts. The author has discussed major recent judgments of the
Supreme Court on such contemporary concerns as the status of live-in relationships, and of
rights of the women, and of the children born of such relationships. The book also provides
insights into contemporary matrimonial issues that have emerged as a result of the
development of new perceptions of rights and duties, as well as alternative methods for
matrimonial dispute settlement.

BIBLIOGRAPHY