Section 32
Grounds for Divorce
Section 32B
Mutual Divorce
Special Courts
Parsi Chief Matrimonial Courts
Overview of Parsi Marriage & Divorce Act, 1936
The Parsi Marriage and Divorce Act, 1936 governs marriage and divorce among Parsis (Zoroastrians) in India. The Act establishes special Parsi Chief Matrimonial Courts for handling matrimonial disputes.
Who is covered?
- Parsis (Zoroastrians) married under Parsi rites
- Both parties professing Zoroastrian religion
- Parsi converts also covered if accepted by community
Key Features
- Special Parsi matrimonial courts
- Mutual consent divorce available since 1988
- Irretrievable breakdown ground (unique)
- Restitution of conjugal rights available
Mutual Consent Divorce
Under Section 32B of the Parsi Marriage and Divorce Act, mutual consent divorce is available.
Requirements
- Living separately for 1+ years
- Both parties consent voluntarily
- No possibility of reconciliation
- Settlement terms finalized
Procedure
- File joint petition in Parsi Matrimonial Court
- First motion with affidavit
- Minimum 6 months cooling period
- Second motion for final decree
Grounds for Contested Divorce
Adultery Desertion for 3+ years Non-consummation due to willful refusal Unsoundness of mind (2+ years) Husband guilty of rape/sodomy/bestiality Cruelty Conversion to another religion Not heard alive for 7+ years No resumption after judicial separation Irretrievable breakdown of marriage
Unique Feature: Parsi law allows divorce on ground of "irretrievable breakdown of marriage" - a provision not statutorily available in other personal laws except through Supreme Court.
Maintenance & Alimony
Court can order maintenance for wife and children pending proceedings and permanent alimony after divorce. Amount depends on husband's income, wife's needs, and standard of living.
Q1: What is the advantage of Parsi matrimonial courts?
Specialized judges with knowledge of Parsi personal law, faster disposal of cases compared to regular courts.
Q2: Is irretrievable breakdown available in Parsi law?
Yes, under Section 32 of the Act, it is a statutory ground for divorce for Parsis, unique among personal laws.
Legal Disclaimer: This information is for educational purposes only. Consult a qualified lawyer.