Other Personal Laws

In Buddhism, a follower or believer of the religion is not forced to remain celibate or unmarried. Of course, Buddhist monks do not marry as they practice celibacy. The reason is not only to serve mankind but also that there are no such Buddhist laws that require them to get married.

Did you know that, under Indian laws, a grandfather is under the obligation to provide maintenance for his grandchildren if they are not capable of taking care of themselves? This applies in Hindu law even when

Once a marriage ceremony is over, the couples follow marriage registration process as per their state laws. For Christians, Muslims, Parsis, Jews, and Baha’i followers, their respective religious authorities issue a marriage certificate which is the legal evidence of marriage. Therefore, a certificate from the Marriage Registrar is not required. However, a certificate issued by a religious body is not considered valid among Hindus, Sikhs, Jains and Buddhists. Hence, a formal marriage certificate must be obtained from the Registrar.

A prenuptial agreement, commonly abbreviated as prenup is a contract drawn prior to a marriage or civil union. The content of a prenup agreement varies widely, but typically establishes the provisions for spousal support and distribution of property in the event of breakup of marriage or divorce. Additionally, a prenup may contain conditions for guardianship and clauses for forfeiture of assets when the separation or divorce is a result of adultery.

India is a country that has secularism enshrined in its Constitution yet there is a contradiction in this whole concept of secularism, particularly when it is interpreted in the personal laws of its citizens. It becomes a confusing melting pot when Hindus, Muslims, Christians and Parsees have different personal laws pertaining to marriage, adoption, guardianship, divorce, succession and so on.

For a majority of women in India, survival within the socio-legal framework of the Indian society is a challenge in itself.  The Constitution of India guarantees equality of rights but an Indian woman has lots of problems to grapple with such as child marriage, dowry harassment, rape, violence, sexual abuse, widow burning and abandonment after marriage, just to mention a few.

The Parsi Marriage and Divorce Act, 1936 governs all Parsi matrimonial relations in India, except those in the territories of Jammu and Kashmir. This Act encompasses dissolution of a marriage between two Parsis or followers of Zoroastrianism. The scope of certain provisions of the Act has been enlarged to align them with some terms of the Hindu Marriage Act, 1955.

All Parsi marriages are governed by the Parsi Marriage and Divorce Act, 1936. In order to fall under the purview of this Act, both parties of the wedlock must be Parsi, or followers of Zoroastrianism.