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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.
Frequently Asked Questions
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.
Q3: Can a Parsi divorce case be heard in regular courts?
No, Parsi matrimonial disputes must be heard in Parsi Chief Matrimonial Courts established under the Act.
Q4: What is the cooling-off period for mutual divorce under Parsi law?
Minimum 6 months after the first motion, similar to other personal laws.
Legal Disclaimer:
Nyayaseva is an educational platform providing legal information for awareness purposes only. This guide does not constitute legal advice nor create an attorney-client relationship. Divorce laws vary by religion, state, and specific case circumstances. Always consult a qualified legal professional for advice specific to your situation.