Grounds of Divorce Under Parsi Marriage Divorce Act 1936

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Grounds of Divorce Under Parsi Marriage Divorce Act 1936

Unread postby Admin » Mon Dec 23, 2013 12:14 pm

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 ;

(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) ma*rital 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 un*natural 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 ;

(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 her*self 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 plain*tiff came to know of the infection, or (iii) after the last act of compulsory prostitution ;

(f) that the defendant is undergoing a sentence of impri*sonment for seven years or more for an offence as de*fined in the Pakistan Penal Code, XLV 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 three years ;

(h) that a decree or order for judicial separation has been passed against the defendant, or an order has been passed against the defendant by a Magistrate award*ing separate maintenance to the plaintiff, and the parties have not had marital intercourse for three years or more since such decree or order ;

(i) that the defendant has failed to comply with a decree for restitution of conjugal rights for a year or more ; and

(j) that the defendant has ceased to be a Parsi:
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