How is divorce obtained under the Parsi Marriage and Divorce Act?

Question

I am a Parsi and want to file for divorce from my spouse. Which law applies and which court do I approach? I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "How is divorce obtained under the Parsi Marriage and Divorce Act?" turns on Parsi Marriage and Divorce Act 1936, Section 32, Parsi Marriage and Divorce Act 1936, Section 32B and Parsi Marriage and Divorce Act 1936, Section 30. The points below set out the position and then what to do about it, in the order it should be done.

Section 32 of the Parsi Marriage and Divorce Act 1936 lists grounds for divorce among Parsi couples including adultery, bigamy, cruelty, unsoundness of mind, venereal disease, imprisonment and desertion for two years or more.

Section 32B provides for divorce by mutual consent where the parties have been living separately for at least one year and jointly petition the court, similar in structure to Section 13B of the Hindu Marriage Act.

Section 30 establishes special courts called Parsi Chief Matrimonial Courts and Parsi District Matrimonial Courts staffed with delegates from the Parsi community to adjudicate these matters, a unique feature not found in other personal law statutes.

The Act requires that at least one of the parties be a Parsi at the time the suit is filed, and it does not apply to marriages between a Parsi and a non-Parsi unless solemnised under this Act.

Alimony and maintenance during and after divorce proceedings are governed by Sections 39 and 40 of the same Act, which empower the court to award interim and permanent alimony.

What this means for you: 1) Confirm the marriage was solemnised under Parsi rites and at least one spouse is Parsi; 2) Identify whether the case is contested under Section 32 or by mutual consent under Section 32B; 3) File the petition before the appropriate Parsi Matrimonial Court in the relevant city; 4) Consult a lawyer familiar with the specialised procedure of Parsi matrimonial courts.

Where the facts are disputed, what usually decides a parsi divorce law matter is the paper trail — dated complaints, acknowledgments and written replies under Parsi Marriage and Divorce Act 1936, Section 32. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in family law.