Divorce under the Parsi Law

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What is Divorce under the Parsi Law?

Parsi Marriage and Divorce Act, 1936 enumerates the grounds on which marriage can be annulled, dissolved or divorced.

How does it work?

In India, Parsis can initiate divorce only before Special Courts constituted under Section 19 and 20 of the Parsi Marriage and Divorce Act, 1936. Such courts are presided by officials knows as delegates who are Parsi and also it is a must to register the divorce at the registrar office.

Key documents for your property to be verified?

some of the key documents you should have:

  • Photographs
  • Address proof of both the parties
  • Income Tax returns
  • Marriage certificate issued by the registrar
  • Financial statements
  • Details relating to movable and immovable properties owned by the parties

Deliverables

  • Section 30- If there are such circumstances arising out of natural causes making it impossible to consummate the marriage, either party can obtain nullity of marriage.
  • Section 31- If either of the spouses hasn’t heard of his/her husband/wife for more than seven years from persons who would have naturally known of him/her, then the marriage can be dissolved.
  • Section 32- This Section lays down the following nine grounds on which a person can sue for divorce.

Product Description

  • Section 30– If there are such circumstances arising out of natural causes making it impossible to consummate the marriage, either party can obtain nullity of marriage.
  • Section 31– If either of the spouses hasn’t heard of his/her husband/wife for more than seven years from persons who would have naturally known of him/her, then the marriage can be dissolved.
  • Section 32– This Section lays down the following nine grounds on which a person can sue for divorce. o The other party willfully refuses to consummate the marriage within one year of ceremony. o If the person at the time of marriage was unaware that another party was of unsound mind, then the divorce can be instituted provided it is filed within three years from the date of marriage. o If the wife at the time of marriage was pregnant by another person and the husband didn’t know, then the divorce can be obtained within two years of marriage provided that there has been no marital intercourse. o If either of the spouses has been treated with cruelty, forced to prostitution, has been willfully hurt or another spouse has committed bigamy, rape, unnatural acts, adultery or is infected with venereal disease, then the divorce can be filed within two years. o If the other party is undergoing imprisonment for more than seven years and has already served one year of the sentenced punishment then the divorce can be filed. o If either of the spouses has deserted (i.e. willfully left with no intention of coming back and such act is not initiated by the other spouse) the other spouse for more than two years or has given up his religion.
  • Section 32B – This section provides for divorce by mutual consent provided that the consent has not been obtained through force or fraud.

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