Before the year 1865, the Parsis were regulated with the English laws, unlike the Hindus and the Muslims, who had their personal laws regulating their conduct. The laws of divorce and indissolubility were applied to the Parsis however, these were highly abhorrent. 

The need for developing a separate personal legislation, regulating the laws of marriage and divorce were realised much prior to 1865, and the struggles and needs of Parsis were taken into consideration, as a result of which the British finally removed their own laws and formulated a proper piece of legislation, which came to be known as ‘The Parsi Marriage and Divorce Act, 1865’. 

CHANGES BROUGHT IN BY THE ACT:

Prior to 1865, the laws which were applied to Parsis were vague and not properly formulated, they depended upon the cases which were brought to the English courts and how the decisions were given for those. However, with the codification and unification of the Act in 1865, it led to the development of a form of a proper code which gave certainty to laws regarding marriage and divorce between Parsis, as well as other various concepts which were to be addressed under the matrimonial laws of the Parsi community. 

1. ABOLISHMENT OF POLYGAMY:

The concept of polygamy was very popular among the Parsis before the advent or enforcement of the Act in 1865. Since there were no formal legislations or precedents enforced by the Courts regarding the invalidation of second marriages, therefore this tradition continued to be followed.

As a result, the Act of 1865 through its sections 4 and 5 provided for the abolishment of the custom of polygamy and making any such second marriages void. Moreover, these section also laid down provisions regarding the punishments or penalties which were to be given to such wife or husband, as the case maybe. 

2. REGISTRATION OF MARRIAGE BY THE PRIEST:

The Act of 1865 laid down the responsibilities of the officiate priest who married the husband and the wife. It was stated under section 6 of the act, that the officiate priest is to provide a certificate of marriage immediately after marrying the spouses, which should be signed by the priest himself, any two witnesses and the father or the official guardian of the marrying couple, in case being married before 21. 

3. ESSENTIALS OF A VALID PARSI MARRIAGE:

One of the most important provisions which were laid down by this Act were the necessary requisites for solemnising a marriage between two Parsis.

These are as follows:

1. The marriage should not be contracted within the prohibited degree of consanguinity and affinity;
2. It must be performed according to the ceremony called ‘Ashirvad’ ;
3. The ceremony must be performed by a Parsi priest;
4. The ceremony must be  performed in the presence of minimum two Parsi witnesses;
5. In case where either of the parties or both fall under the age of twenty one, the consent of their fathers or their guardians must be previously obtained. 

4. NULLITY OF MARRIAGE:

The Act of 1865 provided three basic grounds on the basis of which the marriage could be considered as null and void. These grounds were lunacy or unsoundness of mind or non-consummation of marriage due to natural causes.