DIVORCE UNDER PARSI LAW
As per Section 31 of the Parsi Marriage and Divorce Act, 1936 if a husband or wife shall have been continually absent fro his or her wife or husband for the space of seven years, and shall not have been heard of as being alive within that tie by those persons who would have naturally heard of hi or her, had he or she been alive, the arriage of such husband or wife ay, at the instance of either party thereto, be dissolved! Section 32 of the Parsi Marriage and Diorce Act! "#3$ en%&erates 'ro%nds for diorce and the gro%nd &entioned in Section 32 3 2 are fo((o)ing* •
•
•
•
•
•
•
the arriage has not been consuated within one year after its soleni"ation owing to the wilful refusal of the defendant to consuate it# the defendant at the tie of the arriage was of unsound ind and has been habitually so up to the date of the suit Provided that divorce shall not be granted on this ground, unless the plaintiff $1% was ignorant of the fact at the tie of the arriage, and $&% has filed the suit within three years for the date of the arriage# the defendant has been incurably of unsound ind for a 'period of two years or upwa upward rdss i iedia ediate tely ly prec preced edin ing g the the fili filing ng of the the suit suit or has has been been suff suffer erin ing g continuously or interittently fro ental disorder of such (ind and to such an e)tent that the plaintiff cannot reasonably be e)pected to live with the defendant! E+,(anation'*n this clause,' -a. the e)pression +ental disorder+ eans ental illness, arrested or incoplete developent of ind, psychopathic disorder or any other disorder or disability of ind and includes schi"ophrenia, -/. the e)pression +psychopathic +psychopathic disorder+ eans a persistent persistent disorder or disabilit disability y of ind $whether or not including sub'norality of intelligence% which results in abno abnor ral ally ly aggr aggres essi sive ve or seri seriou ousl sly y irre irresp spon onsi sibl blee cond conduc uctt on the the part part of the the defendant, and whether or not it reuires or is susceptible to edical treatent# the defendant was at the tie of arriage pregnant by soe person other than the plaintiff- Provided that divorce shall not be granted on this ground, unlessunless-". the plaintiff was at the tie of the arriage ignorant of the fact alleged, -2. the suit has been filed within two years of the date of arriage, and -3. arital intercourse has not ta(en place after the plaintiff cae to (now of the fact# the defendant has since the arriage coitted adultery or fornication or bigay or rape or an unnatural offence- Provided that divorce shall not be granted on this ground, if the suit has been filed ore than two years after the plaintiff cae to (now of the fact# the defendant has since the soleni"ation of the arriage treated the plaintiff with cruelty or has behaved in such a way as to render it in the .udgeent of the /ourt iproper to copel the plaintiff to live with the defendant- Provided that in every suit for divorce on this ground it shall be in the discretion of the /ourt whether it should grant a decree for divorce or for .udicial separation only# the defendant has since the arriage voluntarily caused grievous hurt to the plaintiff or has infected the plaintiff with venereal disease or, where the defendant is the husband, has copelled the wife to subit herself to prostitution# Provided that
•
• •
•
divorce shall not be granted on this ground, if the suit has been filed ore than two years -i. after the infliction of the grievous hurt, or -ii. after the plaintiff cae to (now of the infection, or -iii. after the last act of copulsory prostitution! the defendant is undergoing a sentence of iprisonent for seven years or ore for an offence as defined in the *ndian Penal /ode- Provided that divorce shall not be granted on this ground, unless the defendant has prior to the filing of the suit undergone at least one year0s iprisonent out of the said period# the defendant has deserted the plaintiff for at least two years# an order has been passed against the defendant by a Magistrate awarding separate aintenance to the plaintiff, and the parties have not had Marital intercourse for one year or ore since such decree or order# the defendant has ceased to be a Parsi by conversion to another religion- Provided that divorce shall not be granted on this ground if the suit has been filed ore than two years after the plaintiff cae to (now of the fact!
Section 32A provides additional ground for divorce where there is on'resuption of cohabitation or restitution of con.ugal rights within one year in pursuance of a decree$i% there has been no resuption of cohabitation as between the parties to the arriage for a period of one year or upwards after the passing of a decree for .udicial separation in a proceeding to which they were parties# or $ii% there has been no restitution of con.ugal rights as between the parties to the arriage for a period of one year or upwards after the passing of a decree for restitution of con.ugal rights in a proceeding to which they were parties! 0%t No decree for diorce sha(( /e granted %nder s%/1section -".* •
if the plaintiff has failed or neglected to coply with an order for aintenance passed against hi under Section 2 of this Act or Section 244 of the /ode of /riinal Procedure, 1494 or Section 1&5 of the /ode of /riinal Procedure, 193!
