Divorce Under Parsi Law

The Parsi Marriage & Divorce Act, 1955 governs divorce proceedings for Parsis in India.
As per this act, if consummation of marriage is impossible because of natural causes, such marriage can be declared null and void at the instance of either party.

A suit for divorce, however, may be filed on the following divorce grounds:

  1. Non-consummation of marriage within 1 year after solemnization owing to wilful refusal of one of the parties

  2. One of the parties was of unsound mind during marriage and continues to be so on the date of filing of suit        
    "Provided the husband/wife ignorant of the fact during marriage and the suit has been filed within 3 years of marriage."

  3. If the wife at the time of marriage was pregnant by someone other than the husband: Provided the husband was ignorant of the fact during marriage

  4. The suit has been filed within 2 years of marriage and marital intercourse has not taken place after the husband came to know about the fact.

  5. Husband/wife has since the marriage committed adultery or fornication or bigamy or rape or an unnatural offence;       
    "Provided the suit has been filed within 2 years of such fact coming to the knowledge of husband/wife"

  6. Where the husband/wife has voluntarily caused grievous hurt to other party or has infected the other party with a venereal disease or where the defendant is a husband, has compelled the wife to submit herself to prostitution.

  7. Husband/wife undergoing a sentence of 7 years or more under Indian Penal Code

  8. Either party has deserted the other for at least one year

  9. No marital intercourse since three years of passing of a decree of judicial separation

  10. Failure to comply with a decree of restitution of conjugal rights for period of 1 year or more

  11. Either party ceases to be a Parsi

The parties can remarry if no appeal is subsisting against the decree of divorce or time to file such appeal has elapsed or prior marriage has been terminated by death.