30. 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.
31. Suits for dissolution.—If a husband or wife shall have been continually absent from his or her
wife or husband for the space of seven years, and shall not have been heard of as being alive within that
time by those persons who would have naturally heard of him or her, had he or she been alive, the
marriage of such husband or wife may, at the instance of either party thereto, be dissolved.
32. Grounds for 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 from the date of the
marriage;
2
[(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.
Explanation.— In this clause,—
(a) the expression “mental disorder” means mental illness, arrested or incomplete
development of mind, psychopathic disorder or any other disorder or disability of mind and
includes schizophrenia;
(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind
(whether or not including subnormality of intelligence) which results in abnormally aggressive or
seriously irresponsible conduct on the part of the defendant, and whether or not it requires or is
susceptible to medical treatment;]
(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;
1. Subs. by Act 3 of 1951, s. 3 and the Schedule for “Part A States and Part C States” (w.e.f. 1-4-1951).
2. Ins. by Act 5 of 1988, s. 8 (w.e.f. 15-4-1988).
10
1
[(dd) that the different 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 (45 of 1860):
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 2
[two years];
(h) that 3
*** 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 4
[one
year] or more since such decree or order;
5
* * * * *
(j) that the defendant has ceased to be a Parsi 6
[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.
7
[32A. Non-resumption of cohabitation or restitution of conjugal rights within one year in
pursuance of a decree to be ground for divorce.—(1) Either party to a marriage, whether
solemnized before or after the commencement of the Parsi Marriage and Divorce (Amendment)
Act, 1988 (5 of 1988), may sue for divorce also on the ground,—
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a
period of one year or upwards after the passing of a decree for judicial separation in a proceeding to
which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for
a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a
proceeding to which they were parties.
(2) No decree for divorce shall be granted under sub-section (1) if the plaintiff has failed or neglected
to comply with an order for maintenance passed against him under section 40 of this Act or section 488 of
the Code of Criminal Procedure, 1898 (5of 1898) or section 125 of the Code of Criminal Procedure, 1973
(2 of 1974).
1. Ins. by Act 5 of 1988, s. 8 (w.e.f. 15-4-1988).
2. Subs. by s. 8, ibid., for “three years” (w.e.f. 15-4-1988).
3. The words “a decree or order for judicial separation has been passed against the defendant, or” omitted by s. 8, ibid.
(w.e.f. 15-4-1988).
4. Subs. by s. 8, ibid., for “three years” (w.e.f. 15-4-1988).
5. Clause (i) omitted by s. 8, ibid. (w.e.f. 15-4-1988).
6. Ins. by s. 8, ibid. (w.e.f. 15-4-1988).
7. Ins. by s. 9, ibid. (w.e.f. 15-4-1988).
11
32B. Divorce by mutual consent.—(1) Subject to the provisions of this Act, a suit for divorce may
be filed by both the parties to a marriage together, whether such marriage was solemnized before or after
the commencement of the Parsi Marriage and Divorce (Amendment) Act, 1988 (5 of 1988), 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.]
33. Joining of co-defendant.—In every such suit for divorce on the ground of adultery, the plaintiff
shall, unless the Court shall otherwise order, make the person with whom the adultery is alleged to have
been committed a co-defendant, and in any such suit by the husband the Court may order the adulterer to
pay the whole or any part of the costs of the proceedings.
34. Suits for judicial separation.—Any married person may sue for judicial separation on any of the
grounds for which such person could have filed a suit for divorce 1
***.
35. Decrees in certain suits.—In any suit under section 30, 31, 32, 2
[32A] or 34, whether defended
or not, if the Court be satisfied that any of the grounds set forth in those sections for granting relief exist,
that none of the grounds therein set forth for withholding relief exist and that—
(a) the act or omission set forth in the plaint has not been condoned;
(b) the husband and wife are not colluding together;
(c) the plaintiff has not connived at or been accessory to the said act or omission;
(d) (save where a definite period of limitation is provided by this Act) there has been no
unnecessary or improper delay in instituting the suit; and
(e) there is no other legal ground why relief should not be granted;
then and in such case, but not otherwise, the Court shall decree such relief accordingly.
36. Suit 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.
37. Counter-claim by defendant for any relief.—In any suit under this Act, the defendant may
make a counter claim for any relief he or she may be entitled to under this Act.
3
[38. Documentary evidence.—Notwithstanding anything contained in any other law for the time
being in force, no document shall be inadmissible in evidence in any proceeding at the trial of a suit under
this Act on the ground that it is not duly stamped or registered.]
1. Certain words omitted by Act 5 of 1988, s. 10 (w.e.f. 15-4-1988).
2. Ins. by s. 11, ibid. (w.e.f. 15-4-1988).
3. Subs. by s. 12, ibid., for section 38 (w.e.f. 15-4-1988).
12
1
[39. Alimony pendente lite.—Where in any suit under this Act, it appears to the Court that either the
wife or the husband, as the case may be, has no independent income sufficient for her or his support and
the necessary expenses of the suit, it may, on the application of the wife or the husband, order the
defendant to pay to the plaintiff, the expenses of the suit, and such weekly or monthly sum, during the
suit, as, having regard to the plaintiff's own income and the income of the defendant, it may seem to the
Court to be reasonable:
2
[Provided that the application for the payment of the expenses of the suit and such weekly or
monthly sum during the suit, shall, as far as possible, be disposed of within sixty days from the date of
service of notice on the wife or the husband, as the case may be.]
40. Permanent alimony and maintenance.—(1) Any Court exercising jurisdiction under this Act
may, at the time of passing any decree or at any time subsequent thereto, on an application made to it for
the purpose by either the wife or the husband, order that the defendant shall pay to the plaintiff for her or
his maintenance and support, such gross sum or such monthly or periodical sum, for a term not exceeding
the life of the plaintiff as having regard to the defendant's own income and other property, if any, the
income and other property of the plaintiff, the conduct of the parties and other circumstances of the case,
it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on
the movable or immovable property of the defendant.
(2) The Court if it is satisfied that there is change in the circumstances of either party at any time after
it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind
any such order in such manner as the Court may deem just.
(3) The Court if it is satisfied that the party in whose favour an order has been made under this section
has remarried or, if such party is the wife, that she has not remained chaste, or, if such party is the
husband, that he had sexual intercourse with any woman outside wedlock, it may, at the instance of the
other party, vary, modify or rescind any such order in such manner as the Court may deem just.]
41. Payment of alimony to wife or to her trustee.—In all cases in which the Court shall make any
decree or order for alimony it may direct the same to be paid either to the wife herself, or to any trustee on
her behalf to be approved by the Court 3
[or to a guardian appointed by the Court], and may impose any
terms or restrictions which to the Court may seem expedient, and may from time to time appoint a new
trustee,
3
[or guardian,] if for any reason it shall appear to the Court expedient so to do.
42. Disposal of joint property.—In any suit under this Act the Court may make such provisions in
the final decree as it may deem just and proper with respect to property presented at or about the time of
marriage which may belong jointly to both the husband and wife.
4
[43. Suits to be heard in camera and may not be printed or published.—(1) Every suit filed
under this Act shall be tried in camera and it shall not be lawful for any person to print or publish any
matter in relation to any such case except a judgment of the Court printed or published with the previous
permission of the Court.
(2) If any person prints or publishes any matter in contravention of the provisions contained in subsection (1), he shall be punishable with fine which may extend to one thousand rupees.]
44. Validity of trial.—Notwithstanding anything contained in section 19 or section 20 where in the
case of a trial in a Parsi Matrimonial Court not less than 5
[three] delegates have attended throughout the
proceedings, the trial shall not be invalid by reason of the absence during any part thereof of the other
delegates.
1. Subs. by Act 5 of 1988, s. 13, for sections 39 and 40 (w.e.f. 15-4-1988).
2. Ins. by Act 49 of 2001, s. 4 (w.e.f. 24-9-2001).
3. Ins. by Act 5 of 1988, s. 14 (w.e.f. 15-4-1988).
4. Subs. by s. 15, ibid., for section 43 (w.e.f. 15-4-1988).
5. Subs. by s. 16, ibid., for “five” (w.e.f. 15-4-1988).
13
45. Provisions of Civil Procedure Code to apply to suits under the Act.—The provisions of the
Code of Civil Procedure, 1908 (5 of 1908), shall, so far as the same may be applicable, apply to
proceedings in suits instituted under this Act including proceedings in execution and orders subsequent to
decree:
1
[Provided that the presiding Judge shall read out to the delegates the relevant sections of this Act,
and may, if he considers it necessary so to do, explain the same:
Provided further that a verbatim record shall be made of what the presiding Judge read out or explains
to the delegates.]
46. Determination of questions of law and procedure and of fact.—In suits under this Act all
questions of law and procedure shall be determined by the presiding Judge; but the decision on the facts
shall be the decision of the majority of the delegates before whom the case is tried:
Provided that, where such delegates are equally divided in opinion, the decision on the facts shall be
the decision of the presiding Judge.
47. Appeal to High Court.—2
[(1)] An appeal shall lie to the High Court from—
(a) the decision of any Court established under this Act, whether a Chief Matrimonial Court or
District Matrimonial Court, on the ground of the decision being contrary to some law or usage having
the force of law, or of a substantial error or defect in the procedure or investigation of the case which
may have produced error or defect in the decision of the case upon the merits, and on no other
ground; and
(b) the granting of leave by any such Court under sub-section (3) of section 29:
Provided that such appeal shall be instituted within three calendar months after the decision
appealed from shall have been pronounced.
3
[(2) Every appeal under sub-section (1) shall be heard by a Bench of two Judges of the High Court.]
48. Liberty to parties to marry again.—When the time 4
*** limited for appealing against any
decree granting a divorce or annulling or dissolving a marriage shall have expired, and no appeal shall
have been presented against such decree, or when any such appeal shall have been dismissed, or when in
the result of any appeal a divorce has been granted or a marriage has been declared to be annulled or
dissolved, but not sooner, it shall be lawful for the respective parties thereto to marry again 5
***.