Sep 26, 2017
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Parsi Divorce governed by Parsi Marriage and Divorce Act, 1936

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Parsi Divorce

This articles mainly talks about the Parsi divorce in India under Parsi marriage and divorce Act,1936, its include the procedure to follow in case for applying for parsi divorce in matters related to dissolution of marriage, nullity, divorce by mutual consent,judicial separation and also in cases where certain matters are other then mentioned above.

Nullity:

  • Section 30 of the Parsi marriage act,1936 deals with suits on nullity of marriage.
  • Case related to nullity arises where consummation of the marriage is from natural causes impossible in case of either of parties to marriage.

Dissolution of marriage:

  • Section 31 of the Parsi marriage act, 1936 deals with suits for dissolution for marriage.
  • Either of them, continually absent for seven years of more and not have been heard alive, by those persons who would have naturally heard of him or her
  • However if court satisfies on the following grounds, then the marriage of such husband or wife may, at the instance of either party thereto, be dissolved.

Grounds for divorce:

  1. Section 32 of the Parsi marriage act, 1936 deals with Grounds for divorce.
  2. Party can sue,any one or more of the following grounds:
  • Due to non-consummation of marriage within one year after its solemnization
  • Unsound mind

(Divorce not granted on the following grounds, unless the plaintiff :

(1) was ignorant of the fact at the time of the marriage,

(2) Has filed the suit within three years from the date of the marriage

  • At the time of marriage pregnant by some person
  • Committed adultery or fornication or bigamy or rape or an unnatural offence
  • Voluntarily caused grievous hurt to the plaintiff
  • Undergoing a sentence of imprisonment for seven years or more

Divorce not granted on the following ground, unless the defendant has prior to the filing of the suit undergone at least one year’s imprisonment out of the said period.

  • Deserted the plaintiff for at least three years
  • Decree or order for judicial separation has passed against the defendant
  • Failed to comply with a decree for restitution of conjugal rights
  • Ceased to be a Parsi

Non-resumption of cohabitation or restitution of conjugal rights within one year in pursuance of a decree consider as ground for divorce:

  • Section 32A of the Parsi marriage act, 1936 deals with Non-resumption of cohabitation or restitution of conjugal rights within one year in pursuance of a decree to be ground for divorce
  • Either party to a marriage, may sue for divorce also on the ground,—

That there has been no resumption of cohabitation or no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties.

Divorce by mutual consent (mutual consent divorce):

  • Section 32B of the Parsi marriage act, 1936 deals with divorce by mutual consent.
  • A suit for divorce mutually filed by both the parties to marriage together.
  • Specifically , on the ground that they were living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should stand dissolved.
  • However, the Court , if satisfied shall pass a decree declaring the marriage stands dissolved with effect from the date of the decree.

Joining of co-defendant:

  • Section 33 of the Parsi marriage act, 1936 deals with joining of co-defendant.
  • On the ground of adultery, the plaintiff shall, unless the Court shall otherwise order, make the person with whom the adultery is alleged to have been committed a co-defendant.
  • The court may order the adulterer if suit so filed by husband to pay the whole or any part of the costs of the proceedings.

Judicial separation:

  • Section 34 of the Parsi marriage act, 1936 deals with Suits for judicial separation.
  • Any married person may sue for judicial separation.
  • Subject to any of the ground for which such person could have filed a suit for divorce under section 32 of act.

Decrees in certain suits:

  • Section 35 of the Parsi marriage act, 1936 deals with Decrees in certain suits.
  • Decree will be granted wherever relief is available under Sections 30, 31, 32,32 or 34.
  • Notwithstanding the application for such relief, as long as the below conditions stands fulfilled:
  1. The act or omission set forth in the plaint has not condoned;
  2. The husband and wife are not colliding together;
  3. The plaintiff has not connived at or been accessory to the said act or omission;
  4. There has been no unnecessary or improper delay in instituting the suit especially in case of period of limitation is provided by this Act.
  5. If no other specific grounds for relief so granted, then and in such case, but not otherwise, the Court shall decree such relief accordingly.

Restitution of conjugal rights:

  • Section 36 of the Parsi marriage act, 1936 deals with Suit for restitution of conjugal rights.
  • Where a either of them have deserted or without lawful cause ceased to cohabit with either of them.
  • In such case they can file for the restitution of his or her conjugal rights with the Court.
  • If satisfied of the truth may proceed to decree such restitution of conjugal rights accordingly.

 

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Article Categories:
Divorce · Family Law

Renuka is a Final Year LL.B. student at Siddharth College of Law. She has done her Bachelors in Banking & Insurance and has also completed her Masters in Business Management . She likes to participate in legal workshops and Moot Courts. Besides her interest in law, she has a keen aptitude for legal research and is good at putting her analysis into words.

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