Grounds for Parsi Divorce
Any married person may sue for divorce on any one or more of the following grounds, namely:-
(a) that the marriage has not been consummated within one year after its solemnization owing to the wilful refusal of the defendant to consummate it;
(b) that the defendant at the time of the marriage was of unsound mind 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 time of the marriage, and (2) has filed the suit within three years form the date of the marriage;
(bb) that the defendant has been incurably of unsound mind for a period of two years or upwards immediately preceding the filing of the suit or has been suffering continuously or intermittently from mental disorder of such kind and to such an extent that the plaintiff cannot reasonably be expected to live with the defendant.
(c) that the defendant was at the time of marriage pregnant by some person other than the plaintiff:
Provided that divorce shall not be granted on this ground, unless (1) the plaintiff was at the time of the marriage ignorant of the fact alleged, (2) the suit has been filed within two years of the date of marriage, and (3) marital intercourse has not taken place after the plaintiff came to know of the fact;
(d) that the defendant has since the marriage committed adultery or fornication or bigamy or rape or an unnatural offence:
Provided that divorce shall not be granted on this ground, if the suit has been filed more than two years after the plaintiff came to know of the fact;
(dd) that the defendant has since the solemnization of the marriage treated the plaintiff with cruelty or has behaved in such a way as to render it in the judgment of the Court improper to compel 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 Court whether it should grant a decree for divorce or for judicial separation only;
(e) that the defendant has since the marriage voluntarily caused grievous hurt to the plaintiff or has infected the plaintiff with venereal disease or, where the defendant is the husband, has compelled the wife to submit herself to prostitution;
Provided that divorce shall not be granted on this ground, if the suit has been filed more than two years (i) after the infliction of the grievous hurt, or (ii) after the plaintiff came to know of the infection, or (iii) after the last act of compulsory prostitution.
(f) that the defendant is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code:
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 year”s imprisonment out of the said period;
(g) that the defendant has deserted the plaintiff for at least two years;
(h) that an order has been passed against the defendant by a Magistrate awarding separate maintenance to the plaintiff, and the parties have not had Marital intercourse for one year or more since such decree or order;
(i) that 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 more than two years after the plaintiff came to know of the fact.
Parsi Divorce by Mutual Consent
A suit for divorce may be filed by both the parties to a marriage together, on the ground that they have been 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 be dissolved:
Provided that no suit under this sub-section shall be filed unless at the date of the filing of the suit one year has lapsed since the date of the marriage.
(2) The Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and the averments in the plaint are true and that the consent of either party to the suit was not obtained by force or fraud, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.
Suits for Judicial Separation for Parsi
Any married person may sue for judicial separation on any of the grounds for which such person could have filed a suit for divorce. A decree of judicial separation does not dissolve the marriage bond, but merely, suspends marital rights and obligations. During the period of subsistence of the decree, parties continue to be husband and wife. Neither party is free to remarry.
Suits for Restitution of Conjugal Rights
Where a husband shall have deserted or without lawful cause ceased to cohabit with his wife, or where a wife shall have deserted or without lawful cause ceased to cohabit with her husband, the party so deserted or with whom cohabitation shall have so ceased may sue for the restitution of his or her conjugal rights and the Court, if satisfied of the truth of the allegations contained in the plaint, and that there is no just ground why relief should not be granted, may proceed to decree such restitution of conjugal rights accordingly.
Matrimonial Suits in Parsi Law
Suits for nullity
In any case in which consummation of the marriage is from natural causes impossible, such marriage may, at the instance of either party thereto, be declared to be null and void.
Suits for dissolution
A petition may be presented to have the marriage dissolved, on the ground that, the other party to the marriage has not been heard of, as being alive for a period of seven years or more, by those persons who would naturally have heard of it, had the other party been alive. It is for the petitioner to prove that, for a period of seven years upwards the respondent had been continuously absent from the petitioner, and that, the petitioner or other persons who would have normally heard of him or her, have not heard of him or her being alive for that period.