FAMILY LAW 1

FINAL PROJECT SUBMISSION

COMPETANCE OF PARTIES TO MARRY: A COMPARITIVE STUDY OF

PERSONAL LAWS

Submitted byKshitiz Jharkharia, Division C, PRN-15010223028

Batch of 2015-20
In august, 2016

Under the guidance ofMs Twinkle Maheshwari

(assistant professor)

Symbiosis Law School,Noida

Symbiosis International University,Pune

COMPETANCE OF PARTIES TO MARRY: A COMPARITIVE

STUDY OF PERSONAL LAWS
CERTIFICATE

The project entitled Competency of parties to marry: A comparative study of

personal laws submitted to the Symbiosis Law School, NOIDA for Family law as part
of Internal Assessment is based on my original work carried out under the guidance
of Prof. Twinke Maheshwari from July,2016 to October,2016 . The Research work
has not been submitted elsewhere for award of any degree. The material borrowed
from other sources and incorporated in the research paper has been duly
acknowledged. I understand that I myself would be held responsible and
accountable for plagiarism, if any, detected later on.
Signature of Candidate
Date-

COMPETANCE OF PARTIES TO MARRY: A COMPARITIVE

STUDY OF PERSONAL LAWS

ACKNOWLEDGEMENT

This project is made possible through the help and support of everyone,
including: parents, teachers, family, friends, and in essence, all sentient beings.
Especially, please allow me to dedicate my acknowledgment of gratitude
towards the most significant advisor and contributor. I would like to thank my
professor Ms. Twinkle Maheshwari for her support and encouragement. She
offered invaluable detailed advices on organization and the outlook of the
project.
The product of this research paper would not be possible without our esteemed
Director, Dr. C.J. Rawandale, and Symbiosis Law School, Noida for providing
us with the state of the art facilities and the much needed motivation.

COMPETANCE OF PARTIES TO MARRY: A COMPARITIVE

STUDY OF PERSONAL LAWS

Index
1) Introduction
..1-2
2) Competence of parties to marry under Hindu Law
..2-3
2.1Parties to be Hindus
2.2 Mandate of Monogamy
2.3 Mental and Physically Handicapped
2.4 Age and Consent Requirements:
2.5 Bars of Kinship & Ancestary
3) Competence of parties to marry under Muslim Personal
Law..3-10
3.1 Proposal and Acceptance (ijab-o-Qabool)
3.2 Religion of the Parties
3.3 Marriage of a Muslim female with a non-Muslim male
3.4 Shia Marriage and Capacity & Consent
3.5 Marriage and consent : Shafi School
3.6 Prohibited Degree/ Void Marriage
4) Competence of parties to marry under Christian
Law...10-11
5) Competence of parties to marry under Parsi
Laws11
5.1Monogamy : A strict rule
5.2 Essentials of Parsi Marriage
6) Conclusion.
12
7) Bibliography..
.13

List of Cases
Anis Begam v. Muhammad Istafa, (1933) 55 All 743
Hassan Kutti v. Jainaba, AIR 1928 Mad 1285

COMPETANCE OF PARTIES TO MARRY: A COMPARITIVE

STUDY OF PERSONAL LAWS
Hyde v. Hyde,(1866) 1 PD 130
Janab Ali Mia v Nazamaddin Pradhania, AIR1916 Cal 815
J Bibi v. Mahammad Ali Biswas, AIR 1938 Cal 71
Jyoti Saha v. Rajesh Kumar , AIR 2000 Cal 109
K Abubukker v. V Marakkar, AIR 1970 Ker 277
Madhavi v. Ramesh , AIR 2006 Bom. 94 (DB)
Malka Jahan Saheba v. Muhammad Asghari Khan , 26 WR Civil Rulings 26
Mst. Ghulam Kubra Bibi v. Md. Shafi Mohammad Din, AIR 1940 Pesh 2
Mst.Jainan v Rulia , AIR 1914 Lah 377
Mst. Begum Bibi v Rahmat Khan , AIR 1924 Lah 673
Rahim Bibi Saheba v. Mahboob Bibi Saheba , AIR 1935 Mad 141
Sayad Mohijuddin Sayad v Khatijabi, AIR 1939 Bom 489
Shoharat Singh v. Jafri Begum, 17 Bom LR 13 (PC)
Subbarayudu v. Tanguturu , AIR 1968 AP 107

1. Introduction
India, being a secular state , recognizes every religion and treats them equally. One of
the important aspects of religion is marriage and the personal laws and customs have
governed it since time immemorial. After The Constitution of India came into effect

COMPETANCE OF PARTIES TO MARRY: A COMPARITIVE

STUDY OF PERSONAL LAWS
there has been a constant tussle between personal laws and the constitution. Article 44
of The Indian Constitution talks about Uniform Civil Code but its merely a directive
principle which is not assertive in nature and it was also challenged by the several
Muslims and this was taken to the constituent assembly as an objection ; that things
like there is a diversity in personal laws and nothing was sacrosanct about them and
Marriage is also an integral part of these laws. Further on Article 13 of the
constitution defines law with respect to the pre constitutional laws and post
constitutional laws further on moves to describe laws that comes under the purview of
the judicial review. Even though Marriage is an important aspect of Personal Laws
state has shown interest to regulate this and for the furtherance and fulfillment of this
interest Marriage has been listed as Entry no. 5 in the List III i.e. Concurrent List in
the schedule 7 of the Indian Constitution. With this there have been many
discrepancies in the laws which with time were amended in the laws which were later
codified after the commencement of the constitution .
Marriage has been defined as the voluntary union for life of one man and one
woman1. Marriage has been seen from various aspects in various religions like in
Hindu religion it has been seen as Holy Sacrament between two people . Under
Christian Laws Its a contract . As per Lord Penzence I conceive that marriage as
understood in Christiandom may for this purpose can be defined as the voluntary
union for life of one man with one woman to the exclusion of all others 2 . The
definition of the marriage with context to the other religions has been clear since
inception but in case of the Mohammedans there has been a tussle till now. In case of
Shoharat Singh the Privy Council said that Nikah under the Muslim law is religious
ceremony3. But the Muslim philosophers like Trimizi, mentioned Men marry Women
for their piety , or their property or their beauty but thou should marry for their piety.
HEDAYA mentioned Nikah Literally means the Union of sexes and in law it
means Marriage. It is a contract for the purpose of legalizing sexual intercourse and
1 Whartons Concise law Dictionary, universal law publishers ,New Delhi, (reprint 2011) Page no.
650
2 Hyde v. Hyde,(1866) 1 PD 130
3 Shoharat Singh v. Jafri Begum, 17 Bom LR 13 (PC)

COMPETANCE OF PARTIES TO MARRY: A COMPARITIVE

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the procreation and the legitimization of children and the regulation of the social life
is the interest of the society. Further on the list moves on to other laws like Parsi laws
where again marriage is a sacrament. But above all the state looks down to Marriage
as a Civil Union of two people.
With different customs and personal laws existing parallel in our system with secular
acts like Special Marriage Act , conflicts are bound to happen and there are
differences which cause these conflicts and these includes various aspects like Who
can marry ? Who cant marry? Grounds of Divorce etc. This project is a comparative
study of all the laws related to marriage enforceable in India which includes Hindu
Marriage Act, Muslim Personal Laws, Christian marriage Act, Parsi Marriage and
Divorce Act ,.

2. Conditions of Valid Hindu Marriage and who can marry under

the law:
Section 5 of the Hindu Marriage Act lays down the essential conditions for marriage .
The first condition has been inserted on the ground of public policy and has made
Monogamy as rule. Further on there are five clauses, which provides five conditions
for a Hindu marriage to be valid viz.
2.1 Parties to be Hindus: Section 5 of the Hindu marriage act starts with A
Marriage may be solemnized between any two Hindus . This clearly implies that
parties to the marriage must be Hindus as defined under section 2 of the act. For
e.g. A person who is Hindu male who has been married to a a Christian female and
marriage was performed in accordance to Hindu rituals the marriage will be
declared void4. This act is also applicable to Sikhs, Jains, Arya samaj and Brahmo
samaj. It is equally applicable on the converted Hindus .
2.2 Mandate of Monogamy : The rule of one man one wife at a time is known as
monogamy so bigamous or polygamous marriages are not allowed under Hindu
marriage act.

4 Madhavi v. Ramesh , AIR 2006 Bom. 94 (DB)

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2.3 Mental and Physically Handicapped : With regards to mental capacity to get
legally married , at the time of marriage the following conditions must be fulfilled.
2.3.A Both Parties should be of sound mind so as to give a valid consent to
the proposed marriage.
2.3.B Neither of them should be suffering from mental disorder making
himself or herself unfit for marriage and procreating children and
2.3.C Neither of them should be suffering from recurring attacks of insanity
.
2.4 Age and Consent Requirements: In General , Law of India about age of majority
described in Majority Act,1875 which does not apply to matters of marriage ,
dower, divorce and adoption. As per Hindu marriage act the legal age to get
married is 18 for girl and 21 for boy. No highest age of marriage has been
described in any of the laws.
2.5 Bars of Kinship & Ancestary: Like other laws, Hindu law also does not allow
men and women to marry certain relatives . One can not marry
2.5.1 To person which comes under prohitbited degree of relationship:
Two persons are said to be within the degree of prohibited relationship if
1) If one is lineal ascendant of the other
2) If one was wife or husband of the lineal ascendant or
descendant of other
3) If one was the wife of the brother or of the fathers or mothers
brother or of the grandfathers or grandmothers brother of
other
4) If the two are brother and sister , uncle and neice,aunt and
nephew , or children of brother and sisters
2.5.2

Sapindas : this relationship with reference to any person extends as far

as third generation in line of ascent through mother and five
generation in line of ascent in ascent to the father . Or one can be in
sapinda relationship with another if one is the lineal ascendant of the
other within the limits of sapinda relationship , or if they have a
common lineal ascendant who is within the relationship with reference
to each of them.

COMPETANCE OF PARTIES TO MARRY: A COMPARITIVE

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2.5.3

Full Blood and Half Blood : Two persons are said to be related to
each other by full blood when they descended

from a common

ancestor by the same wife and by half blood when they are descended
from a common ancestor but different wives.
2.5.4

Uterine Blood: Two persons are said to be related to each other by

uterine blood when they are descended from a common ancestress but
by different husbands .

The Sapinda relationship can be overlooked if the custom governing parties permits
them to marry .

Essentials of Marriage under Muslim Personal laws:

As also depicted under Hindu marriage act , Here in the muslim personal laws we
have some essentials of marriage . These essentials have to be followed so that
marriage has to be valid .These essentials are :
1) Proposal and Acceptance (ijab-o-Qabool)
2) Competent Parties
3) Consent and Free Will
4) No Legal Disability

3.1 Proposal and Acceptance (ijab-o-Qabool) : According to the Mohammedan law it is

absolutely necessary that the man or someone on his behalf and women or someone on her
behalf should agree to the marriage at one meeting and it must be witnessed by two adult
witnesses.5 At the time of marriage, both the parties i.e. the boy and the girl, must be
competent to enter into the contract of marriage. The parties are competent if they are Of
the age of puberty, Of sound mind and Muslims.
3.1.1 Age of Puberty:
For purposes of marriage, dower and divorce, the age of majority under Muslim law is
not eighteen years. In respect of these matters the age of majority is considered to be
equal to the age of puberty. Age of puberty is an age at which a person is supposed to
acquire the sexual competency.
5 Mst. Ghulam Kubra Bibi v. Md. Shafi Mohammad Din, AIR 1940 Pesh 2

COMPETANCE OF PARTIES TO MARRY: A COMPARITIVE

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This competency may be ascertained on the basis of the physical features of the boy
and the girl. According to Heclayu, the earliest possible age of puberty with respect to
a boy, is twelve years, and with respect to a girl, nine years.
But, this cannot be treated as absolute rule regarding the age of marriage because
sexual competency, as evidenced by physical features, depends upon several factors
and may vary from person to person. It is therefore difficult to ascertain this age by
the physical appearance.
Keeping in view the practical difficulty of ascertaining the age of puberty by physical
features, the courts have presumed that the age of puberty is acquired on the
completion of fifteen years. In Mst. Atika Begum v. Mohd. Ibrahim, the Privy Council
has laid down a clear law about the age of puberty in following words:
According to Mohammedan law a girl becomes major on the happening of either of
the two events: (i) the completion of her 15th year or (ii) on her attainment of a state
of puberty at an earlier period.
The same rule may be applicable in respect of the age of a boy. Thus, it may be said
that in the absence of any evidence to the contrary, a Muslim, is presumed to have
attained puberty at the age of fifteen years.
The requirement of the age of puberty is essential not only because of competency for
consummation, but also because it is considered to be the age at which the parties can
give their own consent for the marriage. After attaining fifteen years, a person
becomes mature enough to give consent for his or her marriage no consent of the
guardian is necessary to validate the marriage.
3.1.2 Minors Marriage:
Under Muslim law a person who has not attained the age of puberty (fifteen years) is
a minor. As such, he (or she) has no capacity to give consent for marriage. A minors
marriage without the consent of guardian is void. If, on behalf of the minor, his or her
guardian gives the consent, the marriage is lawful.

COMPETANCE OF PARTIES TO MARRY: A COMPARITIVE

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A minors marriage is, therefore, valid only with the consent of the guardian. Under
Muslim law, following persons are recognised as guardians for contracting the
marriage of minors:
(1) Father,
(2) Paternal grandfather, how high so ever,
(3) Brother or other male members of the fathers family,
(4) Mother,
(5) Maternal uncle, aunt or other maternal relations.
It is to be noted that first of all the right of guardianship in marriage is given to the
father. In the absence of father this right passes on to the next guardian in the order of
priority. In absence of any of the above-mentioned guardians, a minors marriage may
be contracted by Kazi or an authority of the Government.
The guardians for marriage must be distinguished from the guardians appointed by
court. A guardian appointed by court for the protection of the person or the property
of the minor has no right to contract the minors marriage without prior permission of
the court.
On the other hand, a guardian for marriage need not take such permission; he can
contract the marriage without permission of the court. Another important point in
respect of the guardianship in marriage is that in presence of a nearer guardian, the
remoter guardian has no right to contract the minors marriage. Marriage by a remoter
guardian without consent of the nearer available guardian (unless such nearer
guardian is insane or missing) is void.
3.1.3 Option of Puberty (Khyar-ul-Bulugh):
Under Muslim law, a minor on attaining the age of puberty, has a right to approve or
disapprove the marriage contracted by a guardian who was neither father nor paternal
grandfather. This is called the option of puberty. In other words, marriage of a minor

COMPETANCE OF PARTIES TO MARRY: A COMPARITIVE

STUDY OF PERSONAL LAWS
contracted by any person other than minors father or grand-father is voidable at the
option of such minor.
If a person, on attaining puberty, chooses to repudiate the marriage by exercising his
right of option of puberty the marriage is dissolved with immediate effect. On the
other hand, if the minor, on attaining puberty, opts to approve the marriage, it is
considered to be a valid marriage since its very beginning. However, the exercise of
this right is not compulsory; the minor, on attaining puberty, may or may not exercise
this right. Where a person has not exercised the right of option of puberty after
becoming adult, it is presumed that he or she has approved the marriage contracted
during minority. But, under Shia law a minors marriage must be approved by the
minor on attaining puberty. According to Shia law, therefore, unless the minor on
attaining majority, expressly ratifies the marriage, it is no marriage at all in the eyes of
law. Rules relating to the option of puberty under Muslim law, may be stated as
under:
(i) The option of puberty cannot be exercised by husband if his marriage was
contracted by father or grandfather. Father and the grandfather are supposed to be the
best persons to safeguard the minors interests. Therefore, their choice in the marriage
is normally binding on a minor. However, in exceptional cases, where it is proved that
father or the grandfather had contracted the marriage either fraudulently or
negligently, the minor has a right to repudiate the marriage on attaining puberty.
(ii) A wife can exercise option of puberty even if her marriage was contracted by her
father or grandfather. Before 1939, a Muslim wife was not entitled to exercise option
of puberty if the marriage was contracted by father or grandfather. But the Dissolution
of Muslim Marriage Act, 1939, has now modified the law in regard to the option of
puberty by a wife.
Section 2(vii) of this Act provides that a Muslim wife is entitled to obtain a decree for
the dissolution of her marriage on the ground that her marriage was contracted by her
father or any other guardian during her minority (i.e. when she was under the age of
15 years). At present, a Muslim wife has an absolute right of the option of puberty and
she can repudiate her marriage even if it was contracted by her father or grandfather.

COMPETANCE OF PARTIES TO MARRY: A COMPARITIVE

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(iii) The option must be exercised by a wife immediately after the attainment of
puberty. If there is an unreasonable delay in the exercise of the option, her right is
lost. However, under Section 2(vii) of the Dissolution of Muslim Marriage Act, 1939
a Muslim wife has a right to exercise this option till she attains the age of eighteen
years.
If she fails to exercise the right after attaining the age of eighteen years, it may be
considered as unreasonable delay and her right may be lost. But in the case of a
husband, the option continues till he approves the marriage either expressly or
impliedly. Payment of dower to the wife or cohabitation with her is regarded as
implied approval of the marriage by a husband.
(iv) When consummation takes place, the husbands right of option is lost because
consummation is regarded as implied consent. The option of puberty of a wife is
also lost after the consummation provided it was not (i) before attainment of her age
of puberty, or (ii) against her consent.
(v) The marriage does not dissolve merely by the exercise of option of puberty.
Confirmation by court is necessary for dissolution of marriage. However, only a
formal approval by the court is sufficient; decree is not necessary.
It may be noted that as the marriage does not dissolve without confirmation therefore,
where any spouse dies after the exercise of the option but before courts confirmation,
the surviving spouse is entitled to inherit the properties of the deceased.

3.1.4 Soundness of Mind:

At the time of the marriage, both the parties must be of sound mind. Persons of
unsound mind have no capacity to enter into the contract of marriage because their
own consent for the marriage is no consent in the eyes of law.
Unsoundness of mind is of two kinds, idiocy and lunacy. Idiocy refers to an abnormal
state of mind in which a person is completely incapable of knowing the legal
consequences of his activities. Such persons are called idiots and cannot marry.

COMPETANCE OF PARTIES TO MARRY: A COMPARITIVE

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Lunacy is a mental disease which may be cured. Such persons are called lunatics and
they also have no understanding but sometimes they may behave like sane persons.
The period during which a lunatic behaves like a sane person with normal
understanding, is called lucid interval. Marriage by a lunatic during lucid interval
is a valid marriage.
3.1.5 Marriage of Insane Persons:
Marriage by an idiot is void. Except during lucid interval the marriage by a lunatic is
also void. But a person of unsound mind may be contracted in lawful marriage by a
marriage guardian. In the marriage of an insane person by a guardian, same rules of
option of puberty are applicable as are applied in the case of minors marriage. An
insane person, whose marriage was contracted by a guardian other than father or
grandfather, has an option to repudiate the marriage on recovering his or her reason.
3.2 Religion of the Parties:
As the marriage is to be governed by the rules of Muslim law, both the parties have a
right to marry a Muslim, irrespective of sect or the sub-sect. Where both the parties
are Muslims but they belong to different sects (e.g. one is Shia and the other is Sunni),
the marriage is inter-sect marriage. Inter-sect marriages are perfectly valid.
Thus marriage of a Shia boy with a Sunni girl is valid. Similarly, the marriage of
Hanafi boy with a girl belonging to Shafie or the Ithna Asharia sect is also lawful.
Under Muslim law so long as the religion of both the parties is Islam, the validity of
their marriage is not affected by any difference in the sector sub-sect. If the religion of
the parties is different i.e. where one party is a Muslim but the other is a non-Muslim,
their marriage becomes an interreligious marriage.
3.2.1 Sunni law:
Under Sunni law, a boy is allowed to marry a Muslim girl of any sect and is also
allowed to marry a Kitabia girl. A girl is Kitabia if she belongs to a community the
origin of which is believed from a heavenly revealed kitab (book).

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Under the law, Christians and the Jews are regarded as the Kitabia communities.
Thus, a Sunni male has a right to contract a lawful marriage with a Christian or a Jew
woman; their marriage is perfectly valid.
If a Sunni male marries a female who is neither a Muslim nor Kitabia, the marriage is
not void; it is merely irregular (Fasid). As discussed in the following pages, an
irregular marriage is neither valid nor void.
As soon as the irregularity is removed, the irregular marriage becomes valid. For
example, the marriage of a Sunni boy with a Fire- worshipper (Parsi) or a Hindu girl
is merely irregular and may be regularised and treated as valid when the girl converts
to Islam. That is to say, the marriage of a Sunni male with any non-Muslim or nonKitabia female is not void; it is merely irregular.
3.2.2 Shia law:
Shia male has no right to contract a marriage with any non-Muslim female. A Shia
male cannot marry even Kitabia female. The marriage of a Shia man with a Hindu,
Jew, Christian or a Fire Worshipping woman is void.
Hawever, a Shia male may contract a Muta-marriage with a Kitabia or a Fire
worshipping (Parsi) female.
3.3 Marriage of a Muslim female with a non-Muslim male:
A Muslim female, whether Shia or Sunni, has no right to enter into the contract of
marriage with any non-Muslim male. If a Muslim female marries a Hindu, Jew or a
Christian male, the marriage, under both the schools of Muslim law, is void.
Law relating to in.ter-religious marriages under Muslim law may now be summarised,
as under

Muslim male (of any sect) +

Muslim female (of any sect)

Marriage is valid.

Sunni male + Kitabia female

Marriage is valid.

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Sunni male + Female who is

neither Muslim nor Kitabia

Marriage is irregular.

Shia male + Non-Muslim female

Marriage is void.

Muslim female + Non-Muslim

male

Marriage is void.

3.4 Shia Marriage and Capacity & Consent

In case of Malka Jahan6 the court held that

In case of Shias the age of puberty begins with menstruation and the
presumption is that menstruation takes place between the age of nine and ten

years.
Where the girl has become adult at the time of Nikah' the consent of her
father would not take place of her own consent which under Shia law is
essential for the validity of marriage.

3.5 Marriage and consent : Shafi School

Because marriage among Muslims is a contract, contracting parties are the husband
and wife. The consent contemplated in the Shafi sect is that of the wife and not of
other persons ; the Wali only communicates the consent of the wife to Kazi 7.
In case if the boy or girl have attained the age of discretion but not that of puberty
until and unless his or her legal guardian consents the marriage is deemed to be void.8
Consent of the Contracting Parties: As in traditional Muslim Laws the marriage is
seen as a contract so the consent of the parties is needed. In case of a woman who is
6 Malka Jahan Saheba v. Muhammad Asghari Khan , 26 WR Civil Rulings 26
7 K Abubukker v. V Marakkar, AIR 1970 Ker 277
8 J Bibi v. Mahammad Ali Biswas, AIR 1938 Cal 71

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not virgin consent has to be expressed and the silence would not amount to
affirmative consent9 further the judges laid down this rule that in case of virgin, If
consent is given by brother ,father or uncle then the silence is tantamount to consent.
It is also said that free consent in case of adult persons is not only essential for a valid
marriage but is absolutely necessary. Consent is an essential factor in a marriage and
the fathers consent is no substitute for the girls consent when she is an adult 10. Under
the Mohammedan law marriage is a contract and the marriage of an adult virgin
belonging to Shafi Sect of Sunnis performed without her consent and against her
wishes is invalid 11
The Mohammedan law of marriage is left entirely untouched by the majority act.
Minority under muslim laws terminates on completion of the fifteenth year and every
Mohammedan of sound mindwho has attained puberty may enter into a contract of
marriage even if he or she is a minor according to the provisions of the Majority Act
12

3.6 Prohibited Degree/ Void Marriage

As Hindu Law has prohibited degree of relationship so does Muslim Law has its own
Prohibited degrees where one can not marry and in case it happens then the marriage
stands to be void ab initio. Under Mohammedan law the prohibition regarding the
marriage attaching to a womans natural son and her foster daughter is absolute and
not conditional upon the birth of one and the suckling of the other occurring within
any limited period. It is not lawful for a female to marry any of the sons of the woman
who has suckled her, because they are her brothers by fosterage and the principle of
Factum Valet does not render good in law a marriage which ought not in law to have

9 Mst.Jainan v Rulia , AIR 1914 Lah 377

10 Hassan Kutti v. Jainaba, AIR 1928 Mad 1285
11 Sayad Mohijuddin Sayad v Khatijabi, AIR 1939 Bom 489
12 Mst. Begum Bibi v Rahmat Khan , AIR 1924 Lah 673

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been celebrated .13 Marriage by a Muslim with his living sisters wife is invalid and
not void if such a marriage is consummated the children corn out of that marriage are
legitimate14.

4. Competence of parties to marry under Christian Laws:

Section 4 of the Act describes that a marriage under this act can be solemnized
between two people if both of them or one of them happens to be a Christian . The
Indian Christian Marriage Act 1872 in section 60 also lay down conditions, to be
fulfilled by the person intending to marry in accordance to Christian rites and rituals.
The conditions are:
1

The age of intending groom should not be less than 21 years and that of bride
should not be less than 18 years.

Neither person intending to be married shall have a wife or husband alive at the
time of solemnization of marriage.

The marriage should be solemnized by duly competent person as stated, in the

presence of atleast two witnesses and each party shall say to other:

5. Competence of parties to marry under Parsi Law:

It was the first marriage law to be codified in India by the Act of 1865. The present
Act of 1936 was the outcome of reforms in the 1930s. An Act to amend the law
relating to marriage and divorce among Parsis.

5.1 Monogamy : A strict rule

As per section 4 of the act No parsi, shall contract any other marriage whether under
this Act or any other law in the lifetime of his/her spouse without either lawfully
divorcing such spouse marriage or declaration of annulment of such marriage as being
null and void.Section 5 of the Act has described the punishment of bigamy/polygamy

.
13 Janab Ali Mia v Nazamaddin Pradhania, AIR1916 Cal 815
14 Rahim Bibi Saheba v. Mahboob Bibi Saheba , AIR 1935 Mad 141

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5.2 Essentials of Parsi Marriage :

1) No Marriage have to be solemnized between two persons which are related to
each other in any of the degrees of consanguinity or affinity which has been
inscribed forth in Schedule I .
2) According to the Parsi form of ceremony called "Ashirvad" by a priest in the
presence of two Parsi witnesses other than such priest have to be there then only
the marriage will be declared valid .
3) The parties must have to attain the age of majority at the time of marriage i.e. 18
years for girl and 21 years for Boy so as to give valid consent to marriage.
4) Any child of such marriage, who would have been legitimate if the marriage had
been valid, shall be legitimate.
5) All the above rules are applicable to the parsis (Ir-respectable of the fact that they
are Parsi by birth or have converted to the Parsi religion.)

6. Conclusion
We have seen that in the midst of diverse laws there consists uniformity with respect of age.
Concept may differ ceremonies may differ. At the end analysis can be done that except the
Muslim laws, in most of the religions and in most of the personal laws marriage is deemed to
be a holy sacrament whereas in Muslims its merely seen as a contractual relationship. There
is strict need of codifying the Muslim Personal Laws so as to stop the mis-interpretation of
Holy Quran. But even now in case of Muslim Personal Laws we have the cases to help with
and to take reference and with its help we can easily codify the law.

Bibliography

COMPETANCE OF PARTIES TO MARRY: A COMPARITIVE

STUDY OF PERSONAL LAWS

Dr. Basant & K Sharma, Hindu Law, (Central Law Publication, 3rd edition 2011).
Dr. H.D.Kohli, Muslim Law Cases & Material, (Universal Law Publishers, New
Delhi,12th edition 2012).
Marriage and Divorce Laws (Bare Act),(Universal Law Publishers , New Delhi.)
P.M.Bakshi, The Constitution of India, (Universal Law Publishers,New Delhi, Reprint
2014).
Satyajeet A Desai, Mulla Hindu Law, (Lexis Nexis, New Delhi, 21st edition 2010).
Tahir Mahmood, Principles of Hindu Law, (Universal Law Publishers,New Delhi ,
1st Edition 2014).