THE PARSI MARRIAGE AND DIVORCE ACT, 1936 

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ARRANGEMENT OF SECTIONS 

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I.—PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions. 

II.—MARRIAGES BETWEEN PARSIS 

3. Requisites to validity of Parsi marriages. 

4. Remarriage when unlawful. 

5. Punishment of bigamy. 

6. Certificate and registry of marriage. 

7. Appointment of Registrar. 

8. Marriage register to be open for public inspection. 

9. Copy of certificate to sent to Registrar-General of Births, Deaths and Marriages. 

10. Registration of divorces. 

11. Penalty for solemnizing marriage contrary to section 4. 

12. Penalty for priest’s neglect of requirements of section 6. 

13. Penalty for omitting to subscribe and attest certificate. 

14. Penalty for making, etc., false certificate. 

15. Penalty for failing to register certificate. 

16. Penalty for secreting, destroying or altering register. 

17. Formal irregularity not to invalidate marriage. 

III.—PARSI MATRIMONIAL COURTS 

18. Constitution of Special Courts under the Act. 

19. Parsi Chief Matrimonial Courts. 

20. Parsi District Matrimonial Courts. 

21. Power to alter territorial jurisdiction of District Courts. 

22. Certain districts to be within jurisdiction of the Chief Matrimonial Court. 

23. Court seal. 

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SECTIONS 

24. Appointment of delegates. 

25. Power to appoint new delegates. 

26. Delegates to be deemed public servants. 

27. Selection of delegates under sections 19 and 20 to be from those appointed under section 24. 

28. Practitioners in Matrimonial Courts. 

29. Court in which suits to be brought. 

IV.—MATRIMONIAL SUITS 

30. Suits for nullity. 

31. Suits for dissolution. 

32. Grounds for divorce. 

32A. Non-resumption of cohabitation or restitution of conjugal rights within one year in pursuance of 

a decree to be ground for divorce. 

32B. Divorce by mutual consent. 

33. Joining of co-defendant. 

34. Suits for judicial separation. 

35. Decrees in certain suits. 

36. Suit for restitution of conjugal rights. 

37. Counter-claim by defendant for any relief. 

38. Documentary evidence. 

39. Alimony pendente lite. 

40. Permanent alimony and maintenance. 

41. Payment of alimony to wife or to her trustee. 

42. Disposal of joint property. 

43. Suits to be heard in camera and may not be printed or published. 

44. Validity of trial. 

45. Provisions of Civil Procedure Code to apply to suits under the Act. 

46. Determination of questions of law and procedure and of fact. 

47. Appeal to High Court. 

48. Liberty to parties to marry again. 

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V.—CHILDREN OF THE PARTIES 

SECTIONS 

49. Custody of children. 

50. Settlement of wife’s property for benefit of children. 

VI.—MISCELLANEOUS 

51. Superintendence of High court. 

52. Applicability of provisions of the Act. 

53. [Repealed.] 

SCHEDULE I. 

SCHEDULE II.

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THE PARSI MARRIAGE AND DIVORCE ACT, 1936 

ACT NO. 3 OF 19361 

[23rd April, 1936.] 

An Act to amend the law relating to marriage and divorce among Parsis. 

WHEREAS  it  is  expedient  to  amend  the  law  relating  to  marriage  and  divorce  among  Parsis;  It  is 

hereby enacted as follows:— 

I.—PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Parsi  Marriage  and 

Divorce Act, 1936. 

(2) 2[It extends to the whole of India except the State of Jammu and Kashmir*]: 

Provided that the Central Government may, in respect of 3[territories which, immediately before the 
1st November, 1956, were comprised in Part B States] by notification in the Official Gazette, direct that 
the  provisions  of  this  Act  relating  to  the  constitution  and  powers  of  Parsi  Matrimonial  Courts  and  to 
appeals  from  the  decisions  and  orders  of  such  Courts  shall  apply  with  such  modifications  as  may  be 
specified in the notification: 

4[Provided  further  that  nothing  contained  in  this  Act  shall  apply  to  the  Renoncants  of  the  Union 

territory of Pondicherry.] 

(3)  It  shall  come  into  force  on  such  date5 as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— 

(1) “Chief Justice” includes senior Judge; 

(2) “Court” means a Court constituted under this Act; 

(3) to “desert” together with its grammatical variations and cognate expressions, means to desert 
the other party to a marriage without reasonable cause and without the consent, or against the will, of 
such party; 

(4) “grievous hurt” means— 

(a) emasculation; 

(b) permanent privation of the sight of either eye; 

(c) permanent privation of the hearing of either ear; 

1. This Act has been extended to— 

(i) Berar by the Berar Laws Act, 1941 (4 of 1941), and 

(ii) Dadra or Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (1-7-1965). 

2. Subs. by Act 3 of 1951, s. 3 and the Schedule for “It extends to the whole of India except Part B States and, in respect of Parsi 

citizens of India, to the whole of India” (w.e.f. 1-4-1951). 

3. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part B States”.  

4. Ins. by Act 26 of 1968, s. 3 and the Schedule (w.e.f. 24-5-1968). 

5. 22nd June, 1936; see Gazette of India, 1936, Part I, p.621. 

*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of  Jammu 
and Kashmir and the Union territory of Ladakh. 

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(d) privation of any member or joint; 

(e) destruction or permanent impairing of the powers of any member or joint; 

(f) permanent disfiguration of the head or face; or 

(g) any hurt which endangers life; 

(5) “husband” means a Parsi husband; 

(6)  “marriage”  means  a  marriage  between  Parsis  whether  contracted  before  or  after  the 

commencement of this Act; 

(7) a “Parsi” means a Parsi Zoroastrian; 

(8) “priest” means a Parsi priest and includes Dastur and Mobed; and 

(9) “wife” means a Parsi wife. 

II.—MARRIAGES BETWEEN PARSIS 

3. Requisites to validity of Parsi marriages.—1[(1)] No marriage shall be valid if— 

(a)  the  contracting  parties  are  related  to  each  other  in  any  of  the  degrees  of  consanguinity  or 

affinity set forth in Schedule I; or 

(b) such marriage is not solemnized according to the Parsi form of ceremony called  “Ashirvad”  

by a priest in the presence of two Parsi witnesses other than such priest; or 

2[(c) in the case of any Parsi (whether such Parsi has changed his or her religion or domicile or 
not) who, if a male, has not completed twenty-one years of age, and if a female, has not completed 
eighteen years of age.] 

3[(2) Notwithstanding that a marriage is invalid under any of the provisions of sub-section (1), any 
child  of  such  marriage  who  would  have  been  legitimate  if  the  marriage  had  been  valid,  shall  be 
legitimate.] 

4. Remarriage when unlawful.—(1) No Parsi (whether such Parsi has changed his or her religion or 
domicile or not) shall contract any marriage under this Act or any other law in the lifetime of his or her 
wife or husband, whether a Parsi or not, except after his or her lawful divorce from such wife or husband 
or  after  his  or  her  marriage  with  such  wife  or  husband  has  lawfully  been  declared  null  and  void  or 
dissolved, and, if the marriage was contracted with such wife or husband under the Parsi Marriage and 
Divorce  Act 18654 (15 of 1865),  or  under this  Act,  except  after a  divorce,  declaration  or  dissolution as 
aforesaid under either of the said Acts. 

(2) Every marriage contracted contrary to the provisions of sub-section (1) shall be void. 

5.  Punishment  of  bigamy.—Every  Parsi  who  during  the  lifetime  of  his  or  her  wife  or  husband, 
whether  a  Parsi  or  not,  contracts  a  marriage  without  having  been  lawfully  divorced  from  such  wife  or 
husband, or without his or her marriage with such wife or husband having legally been declared null and 
void or dissolved, shall be subject to the penalties provided in sections 494 and 495 of the Indian Penal 
Code (45 of 1860) for the offence of marrying again during the lifetime of a husband or wife. 

1. Section 3 renumbered as sub-section (1) thereof by Act 5 of 1988, s. 2 (w.e.f. 15-4-1988). 
2. Subs. by s. 2, ibid., for clause (c) (w.e.f. 15-4-1988). 
3. Ins. by s. 2, ibid. (w.e.f. 15-4-1988). 
4. Rep. by Act 3 of 1936, s. 53 (w.e.f. 23-4-1936).  

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6.  Certificate  and  registry  of  marriage.—Every  marriage  contracted  under  this  Act  shall, 
immediately on the solemnization thereof, be certified by the officiating priest in the form contained in 
Schedule  II.  The  certificate  shall  be  signed  by  the  said  priest,  the  contracting  parties  1***  and  two 
witnesses present at the marriage and the said priest shall thereupon send such certificate together with a 
fee  of  two  rupees  to  be  paid  by  the  husband  to  the  Registrar  of  the  place  at  which  such  marriage  is 
solemnized. The Registrar on receipt of the certificate and fee shall enter the certificate in a register to be 
kept by him for that purpose and shall be entitled to retain the fee. 

7. Appointment of Registrar.—For the purposes of this Act a Registrar shall be appointed. Within 
the local limits of the ordinary original civil jurisdiction of a High Court, the Registrar shall be appointed 
by the Chief Justice of such Court, and without such limits, by the State Government. Every Registrar so 
appointed may be removed by the Chief Justice or State Government appointing him. 

8.  Marriage  register  to  be  open  for  public  inspection.—The  register  of  marriages  mentioned  in 
section 6 shall, at all reasonable times, be open for inspection, and certified extracts therefrom shall, on 
application, be given by the Registrar on  payment to him by the applicant of two rupees for each such 
extract. Every such register shall be evidence of the truth of the statements therein contained. 

9.  Copy  of  certificate  to  sent  to  Registrar-General  of  Births,  Deaths  and  Marriages.—Every 
Registrar, except the Registrar appointed by the Chief Justice of the High Court of Judicature at Bombay, 
shall,  at  such  intervals  as  the  State  Government  by  which  he  was  appointed  from  time  to  time  directs, 
send  to  the  Registrar-General  of  Births,  Deaths  and  Marriages  for  the  territories  administered  by  such 
State Government a true copy certified by him in such form as such State Government from time to time 
prescribes  of  all  certificates  entered  by  him  in  the  said  register  of  marriages  since  the  last  of  such 
intervals. 

 10. Registration of divorces.—When a Court passes a decree for divorce, nullity or dissolution, the 
Court shall send a copy of the decree for registration to the Registrar of Marriages within its jurisdiction 
appointed  under  section  7;  the  Registrar  shall  enter  the  same  in  a  register  to  be  kept  by  him  for  the 
purpose,  and  the  provisions  of  Part  II  applicable  to  the  Registrars  and  registers  of  marriages  shall  be 
applicable,  so  far  as  may  be,  to  the  Registrars  and  registers  of  divorces  and  decrees  of  nullity  and 
dissolution. 

11. Penalty for solemnizing marriage contrary to section 4.—Any priest knowingly and wilfully 
solemnizing  any  marriage  contrary  to  and  in  violation  of  section  4  shall,  on  conviction  thereof,  be 
punished with simple imprisonment for a term which may extend to six months, or with fine which may 
extend to two hundred rupees, or with both. 

12.  Penalty  for  priest’s  neglect  of  requirements  of  section  6.—Any  priest  neglecting  to  comply 
with any of the requisitions affecting him contained in section 6 shall, on conviction thereof, be punished 
for every such offence with simple imprisonment for a term which may extend to three months, or with 
fine which may extend to one hundred rupees, or with both. 

13.  Penalty  for  omitting  to  subscribe  and  attest  certificate.—Every  other  person  required  by 
section 6 to subscribe or attest the said certificate who shall wilfully omit or neglect so to do, shall, on 
conviction thereof, be punished for every such offence with a fine not exceeding one hundred rupees. 

14.  Penalty  for  making,  etc.,  false  certificate.—Every  person  making  or  signing  or  attesting  any 
such certificate containing a statement which is false, and which he either knows or believes to be false, 
shall be punished with simple imprisonment for a term which may extend to three months, or with fine 
which may extend to one hundred rupees, or with both; and if the act amounts to forgery as defined in the 
Indian  Penal  Code  (45  of  1860),  then  such  person  shall  also  be  liable,  on  conviction  thereof,  to  the 
penalties provided in section 466 of the said Code. 

1. The words “, or their fathers or guardians when they shall not have completed the age of twenty-one years,” omitted by Act 5 

of 1988, s. 3 (w.e.f. 15-4-1988). 

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15.  Penalty  for  failing  to  register  certificate.—Any  Registrar  failing  to  enter  the  said  certificate 
pursuant  to  section  6  shall  be  punished  with  simple imprisonment  for  a  term  which  may  extend to  one 
year, or with fine which may extend to one thousand rupees, or with both. 

16.  Penalty  for  secreting,  destroying  or  altering  register.—Any  person  secreting,  destroying,  or 
dishonestly  or  fraudulently  altering  the  said  register  in  any  part  thereof,  shall  be  punished  with 
imprisonment of either description as defined in the Indian Penal Code (45 of 1860) for a term which may 
extend to two years or if he be a Register, for a term which may extend to five years and shall also be 
liable to fine which may extend to five hundred rupees. 

17. Formal irregularity not to invalidate marriage.—No marriage contracted under this Act shall 
be deemed to be invalid solely by reason of the fact that it was not certified under section 6, or that the 
certificate was not sent to the Registrar, or that the certificate was defective, irregular or incorrect. 

III.—PARSI MATRIMONIAL COURTS 

18. Constitution of Special Courts under the Act.—For the purpose of hearing suits under this Act, 
a  Special  Court  shall  be  constituted  in each  of the  Presidency-towns  of  Calcutta,  Madras  and  Bombay, 
and  in  such  other  places  in  the  territories  of  the  several  State  Governments  as  such  Governments 
respectively shall think fit. 

19.  Parsi  Chief  Matrimonial  Courts.—The  Court  so  constituted  in  each  of  the  Presidency-towns 
shall be entitled the Parsi Chief Matrimonial Court of Calcutta, Madras or Bombay, as the case  may be. 
The local limits of the jurisdiction of a Parsi Chief Matrimonial Court shall be coterminous with the local 
limits of the ordinary original civil jurisdiction of the High Court. The Chief Justice of the High Court, or 
such other Judge of the same Court as the Chief Justice shall from time to time appoint shall be the Judge 
of such Matrimonial Court, and, in the trial of cases under this Act, he shall be aided 1[by five delegates, 
except in regard to— 

(a) interlocutory applications and proceedings; 

(b) alimony and maintenance, both permanent as well as pendente lite; 

(c) custody, maintenance and education of children; and 

(d) all matters and proceedings other than the regular hearing of cases.] 

20.  Parsi  District  Matrimonial  Courts.—Every  Court  so  constituted  at  a  place  other  than  a 
Presidency-town  shall  be  entitled  the  Parsi  District  Matrimonial  Court  of  such  place.  Subject  to  the 
provisions contained in section 21, the local limits of the jurisdiction of such Court shall be coterminous 
with  the  limits  of  the  district  in  which  it  is  held.  The  Judge  of  the  principal  Court  of  original  civil 
jurisdiction at such place shall be the Judge of such Matrimonial Court, and in the trial of cases under this 
Act he shall be aided 1[by five delegates, except in regard to— 

(a) interlocutory applications and proceedings; 

(b) alimony and maintenance, both permanent as well as pendente lite; 

(c) custody, maintenance and education of children; and 

(d) all matters and proceedings other than the regular hearing of cases.] 

21.  Power  to  alter  territorial  jurisdiction  of  District  Courts.—The State Government  may from 
time  to  time  alter  the  local  limits  of  the  jurisdiction  of  any  Parsi  District  Matrimonial  Court,  and  may 
include within such limits any number of districts under its government. 

1. Subs. by Act 5 of 1988, s. 4, for “by seven delegates” (w.e.f. 15-4-1988). 

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22.  Certain  districts  to  be  within  jurisdiction  of  the  Chief  Matrimonial  Court.—Any  district 
which the State Government, on account of the fewness of its Parsi inhabitants, shall deem it inexpedient 
to  include  within  the  jurisdiction  of  any  District  Matrimonial  Court,  shall  be  included  within  the 
jurisdiction of the Parsi Chief Matrimonial Court for the territories under such State Government where 
there is such a Court. 

23. Court seal.—A seal shall be made for every Court constituted under this Act, and all decrees and 
orders and copies of decrees and orders of such Court shall be sealed with such seal, which shall be kept 
in the custody of the presiding Judge. 

24.  Appointment  of  delegates.—(1)  The  State  Governments,  shall,  in  the  Presidency-towns  and 
districts subject to their respective governments, respectively appoint persons to be delegates to aid in the 
adjudication of cases arising under this Act, after giving the local parsis an opportunity of expressing their 
opinion in such manner as the respective Governments may think fit. 

(2) The persons so appointed shall be Parsis, their names shall be published in the Official Gazette 
and their number shall, within the local limits of the ordinary original civil jurisdiction of a High Court, 
be not more than thirty, and in districts beyond such limits, not more than twenty. 

25. Power to appoint new delegates.—The appointment of a delegate shall be for ten years; but he 
shall  be  eligible  for  reappointment  for  the  like  term  or  terms.  Whenever  a  delegate  shall  die,  or  have 
completed his term of office, or be desirous of relinquishing his office, or refuse or become incapable or 
unfit to act, or cease to be a Parsi, or be convicted of an offence under the Indian Penal Code (45 of 1860) 
or other law for the time being in force 1[involving moral turpitude], or be adjudged insolvent, then and so 
often the State Government may appoint any person being a Parsi, to be a delegate in his stead, and the 
name of the person so appointed shall be published in the Official Gazette. 

26.  Delegates  to  be  deemed  public  servants.—All  delegates  appointed  under  this  Act  shall  be 

considered to be public servants within the meaning of the Indian Penal Code (45 of 1860). 

27.  Selection  of  delegates  under  sections  19  and  20  to  be  from  those  appointed  under  section 
24.—The delegates selected under sections 19 and 20 to aid in the adjudication of  suits under this Act, 
shall  be  taken  under  the  orders  of  the  presiding  Judge  of  the  Court  in  due  rotation  from  the  delegates 
appointed by the State Government under section 24: 

Provided  that  each  party  to  the  suit  may,  without  cause  assigned,  challenge  any  2 [two]  of  the 
delegates attending the Court before such delegates are selected and no delegate so challenged shall be 
selected. 

28.  Practitioners  in  Matrimonial  Courts.—All  legal  practitioners  entitled  to  practise  in  a  High 
Court  shall  be  entitled  to  practise  in  any  Court  constituted  under  this  Act,  and  all  legal  practitioners 
entitled to practise in a District Court shall be entitled to practise in any Parsi District Matrimonial Court 
constituted under this Act. 

29. Court in which suits to be brought.—(1) All suits instituted under this Act shall be brought in 
the Court within the limits of whose jurisdiction the defendant resides at the time of the institution of the 
suit 3[or where the marriage under this Act was solemnized]. 

(2) When the defendant shall at such time have left 4[the territories to which this Act extends] such 

suit shall be brought in the Court at the place where the plaintiff and defendant last resided together. 

1. Ins. by Act 5 of 1988, s. 5 (w.e.f. 15-4-1988). 
2. Subs. by s. 6, ibid., for “three” (w.e.f. 15-4-1988). 
3. Added by s. 7, ibid. (w.e.f. 15-4-1988).  
4. 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). 

8 

                                                           
(3)  In  any  case,  whether  the  defendant  resides  in 1[the  territories  to  which  this Act  extends]  or  not, 
such suit may be brought in the Court at the place where the plaintiff resides or at the place where the 
plaintiff  and  the  defendant  last  resided  together,  if  such  Court,  after  recording  its  reasons  in  writing, 
grants leave so to do. 

IV.—MATRIMONIAL SUITS 

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). 

9 

                                                           
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). 

10 

 
 
 
 
 
 
 
                                                           
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). 

11 

                                                           
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 sub-

section (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). 

12 

                                                           
 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***. 

V.—CHILDREN OF THE PARTIES 

49.  Custody  of  children.—In  any  suit  under  this  Act,  the  Court  may  from  time  to  time  pass  such 
interim orders and make such provisions in the final decree as it may deem just and proper with respect to 
the custody, maintenance and education of the children under the age of 6[eighteen years], the marriage of 
of whose parents is the subject of such suit, and may, after the final decree upon application, by petition 
for  this  purpose,  make,  revoke,  suspend  or  vary  from  time  to  time  all  such  orders  and  provisions  with 
respect  to  the  custody,  maintenance  and  education  of  such  children  as  might  have  been  made  by  such 
final decree or by interim orders in case the suit for obtaining such decree were still pending: 

1. Added by Act 5 of 1988, s. 17 (w.e.f. 15-4-1988). 
2. Section 47 renumbered as sub-section (1) thereof by s. 18, ibid. (w.e.f. 15-4-1988).  
3. Ins. by s. 18, ibid. (w.e.f. 15-4-1988). 
4. The word “hereby” omitted by s. 19, ibid. (w.e.f. 15-4-1988). 
5. The words “, as if the prior marriage had been terminated by death” omitted by s. 19, ibid. (w.e.f. 15-4-1988). 
6. Subs. by s. 20, ibid., for “sixteen years” (w.e.f. 15-4-1988). 

13 

                                                           
1[Provided that the application with respect to the maintenance and education of such children during 
the suit, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the 
respondent.] 

50.  Settlement  of  wife’s  property  for  benefit  of  children.—In  any  case in which the  Court  shall 
pronounce a decree of divorce or judicial separation for adultery of the wife, if it shall be made to appear 
to the Court that the wife is entitled to any property either in possession or reversion, the Court may order 
such  settlement  as  it  shall  think  reasonable  to  be  made  of  any  part  of  such  property,  not  exceeding          
one half thereof, for the benefit of the children of the marriage or any of them. 

VI.—MISCELLANEOUS 

51.  Superintendence  of  High  Court.—The High Court shall have superintendence over all Courts 
constituted  under  this  Act  subject  to  its  appellate  jurisdiction  in  the  same  manner  as  it  has  over  other 
Courts under 2[article 227 of the Constitution] and all the provisions of 3[that article] shall apply to such 
Courts. 

52. Applicability of provisions of the Act.—(1) The provisions of this Act shall apply to all suits to 
which the same are applicable whether the circumstances relied on occurred before or after the passing of 
this Act, and whether any decree or order referred to was passed under this Act or under the law in force 
before  the  passing  of  this  Act,  and  where  any  proceedings  are  pending  in  any  Court  at  the time  of  the 
commencement of this Act, the Court shall allow such amendment of the pleadings as may be necessary 
as the result of the coming into operation of this Act. 

(2)  A  Parsi  who  has  contracted  a  marriage  under  the  Parsi  Marriage  and  Divorce  Act,  1865 (15  of 
1865), or under this Act, even though such Parsi may change his or her religion or domicile, so long as his 
or her wife or husband is alive and so long as such Parsi has not been lawfully divorced from such wife or 
husband or such marriage has not lawfully been declared null and void or dissolved under the decree of a 
competent Court under either of the said Acts, shall remain bound by the provisions of this Act. 

 53. [Repealed].—Rep. by the Repealing and Amending Act, 1937 (20 of 1937), s. 3 and the Second 

Schedule. 

1. Ins. by Act 49 of 2001, s. 4 (w.e.f. 24-9-2001). 
2. Subs. by the A.O. 1950, for “section 107 of the Government of India Act” 
3. Subs. by Act 3 of 1957, s. 3 and the Second Schedule for “that section” (w.e.f. 17-9-1957). 

14 

 
 
                                                           
SCHEDULE I 

(See section 3) 

Table of prohibited degrees of consanguinity and affinity 

A man shall not marry his— 

1. Paternal grand-father’s mother. 

2. Paternal grand-mother’s mother. 

3. Maternal grand-father’s mother. 

4. Maternal grand-mother’s mother. 

5. Paternal grand-mother. 

6. Paternal grand-father’s wife. 

7. Maternal grand-mother. 

8. Maternal grand-father’s wife. 

9. Mother or step-mother. 

10. Father's sister or step-sister. 

11. Mother’s sister or step-sister. 

12. Sister or step-sister. 

13. Brother’s daughter or step-brother’s daughter, or any direct lineal descendant of a brother or 

step-brother. 

14.  Sister’s  daughter  or  step-sister’s  daughter,  or  any  direct  lineal  descendant  of  a  sister  or               

step-sister. 

15. Daughter or step-daughter, or any direct lineal descendant of either. 

16. Son's daughter or step-son’s daughter, or any direct lineal descendant of a son or step-son. 

17. Wife of son or step-son, or of any direct lineal descendant of a son or step-son. 

18. Wife of daughter’s son or of step-daughter’s son, or of any direct lineal descendant of a 

daughter or step-daughter. 

19. Mother of daughter’s husband. 

20. Mother of son’s wife. 

21. Mother of wife’s paternal grand-father. 

22. Mother of wife’s paternal grand-mother. 

23. Mother of wife’s maternal grand-father. 

24. Mother of wife’s maternal grand-mother. 

25. Wife’s paternal grand-mother. 

26. Wife’s maternal grand-mother. 

27. Wife’s mother or step-mother. 

28. Wife’s father’s sister. 

15 

29. Wife’s mother’s sister. 

30. Father’s brother’s wife. 

31. Mother’s brothers wife 

32. Brother’s son’s wife. 

33. Sister’s son’s wife. 

A woman shall not marry her— 

1. Paternal grand-father's father. 

2. Paternal grand-mother’s father. 

3. Maternal grand-father’s father. 

4. Maternal grand-mother’s father. 

5. Paternal grand-father. 

6. Paternal grand-mother’s husband. 

7. Maternal grand-father. 

8. Maternal grand-mother’s husband. 

9. Father or step-father. 

10. Father’s brother or step-brother. 

11. Mother’s brother or step-brother. 

12. Brother or step-brother. 

13.  Brother’s  son  or  step-brother’s  son,  or  any  direct  lineal  descendant  of  a  brother  or                     

step-brother. 

14. Sister’s son or step-sister’s son, or any direct lineal descendant of a sister or step-sister. 

15. Son or step-son, or any direct lineal descendant of either. 

16.  Daughter’s  son  or  step-daughter’s  son,  or  any  direct  lineal  descendant  of  a  daughter  or                 

step-daughter. 

17. Husband of daughter or of step-daughter, or of any direct lineal descendant of a daughter or 

step-daughter. 

18. Husband of son’s daughter or of step-son’s daughter, or of any direct lineal descendant of a 

son or step-son. 

19. Father of daughter’s husband. 

20. Father of son’s wife. 

21. Father of husband’s paternal grand-father. 

22. Father of husband’s paternal grand-mother. 

23. Father of husband’s maternal grand-father. 

24. Father of husband’s maternal grand-mother. 

25. Husband’s paternal grand-father. 

16 

26. Husband’s maternal grand-father. 

27. Husband’s father or step-father 

20. Brother of husband’s father. 

29. Brother of husband’s mother. 

30. Husband’s brothers’ son, or his direct lineal descendant. 

31. Husband’s sister’s son, or his direct lineal descendant. 

32. Brother’s daughter’s husband. 

33. Sister’s daughter’s husband. 

______________________________________________________________________________ 

NOTE.—In the above table the words “brother” and “sister” denote and sister of the whole as well as half 
blood. Relationship by step means relationship by marriages. 

17 

 
SCHEDULE II 

(See section 6) 

Certificate of Marriage 

Date and place of marriage. 
Names of the husband and wife. 
Condition at the time of marriage. 

Rank or profession. 
Age. 

Residence. 
Names of the fathers or guardians. 
Rank or profession. 
Signature of the officiating priest. 
Signatures of the contracting parties. 
Signatures of the fathers or guardians of the contracting 
parties under 21 years of age. 
Signatures of Witnesses. 

___________________ 

18 

 
 
 
 
 
