History of the Parsis : including their manners, customs, religion and present position : with coloured and other illustrations : in two volumes

300 APPENDIX.

not have completed the age of twenty-one years, the consent of his or her father or guardian shall have been previously given to such marriage.

IV. No Parsi shall, after the commencement of this Act, Re-marriage save COntract any marriage in the lifetime of his or

after divorce unlaw- i i ful during Mistine her wife or husband, except after his or her

of first wife or hus- lawful divorce from such wife or husband by band. sentence of a Court as hereinafter provided ; and every marriage contracted contrary to the provisions of this section shall be void.

V. Every Parsi who shall, after the commencement of this Punishment of Act and during the lifetime of his or her wife bigamy. or husband, contract any marriage without having been lawfully divorced from such a wife or husband, shall be subject to the penalties provided in sections 494 and 495 of the Indian Penal Code for the offence of marrying again during the lifetime of a husband or wife.?

1 The following are the sections 494 and 495 of the Indian Penal Code herein referred to :—

494. Whoever, having a husband or wife living, marries in any case in Marrying again dur- Which such marriage is void by reason of its taking place ing the lifetime of hus- during the life of such husband or wife, shall be pun-

band or wife. fi ae : : Eire ished with imprisonment of either description for a term

which may extend to seven years, and shall also be liable to fine. Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time, provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within

his or her knowledge.

495. Whoever commits the offence defined in the last preceding section, 4 having concealed from the person with whom the subse-

Same offence with 3 = = concealment of the for- quent marriage is contracted the fact of the former marmer marriage from the |- : oe . n Pe ean person with whomsub- Te, shall be punished with imprisonment of either sequent marriage is description for a term which may extend to ten years,

Con Ce and shall also be liable to fine.