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Section 31 of The Parsi Marriage and Divorce Act, 1936.

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.

Summary

This part of the law allows a person to end a marriage if their partner has been missing for a long time.
The partner must be gone for a continuous period of seven years.
During these seven years, the people who would normally hear from the missing person must have had no word from them at all.
Either the husband or the wife can ask the court to dissolve the marriage under this provision.

Practical examples

1Cyrus left for a business trip in 2016 and never returned. His wife, Meher, contacted all his relatives and friends, but no one has heard from him for over seven years. Meher can apply to have the marriage dissolved under Section 31 of the Parsi marriage law.

2Jamshed's wife moved to another country eight years ago and completely cut off contact. Despite Jamshed's efforts to find her through family in that country, no one has seen or heard from her since 2015. Jamshed can seek a dissolution under the Parsi Marriage and Divorce Act.

FAQ

1. How long must a spouse be missing before filing under Section 31 of The Parsi Marriage and Divorce Act, 1936?

A spouse must be continually absent for at least seven years before a suit for dissolution can be filed under Section 31 of the Act.

2. Who needs to have not heard from the missing person under the Parsi Marriage and Divorce Act?

Section 31 requires that the missing person has not been heard of by those people who would naturally have heard of them if they were still alive.

3. Can a husband use Section 31 of the Parsi marriage law if his wife is the one who disappeared?

Yes, Section 31 of The Parsi Marriage and Divorce Act, 1936, explicitly states that either party to the marriage can bring the suit.

Test yourself

Q1.Under Section 31 of The Parsi Marriage and Divorce Act, 1936, what is the minimum duration of absence required to seek dissolution?

Q2.To qualify for dissolution under Section 31 of The Parsi Marriage and Divorce Act, 1936, who must not have heard from the absent spouse?

Q3.According to Section 31 of The Parsi Marriage and Divorce Act, 1936, what is the specific legal result of a successful suit under this section?

Q4.Under the Parsi Marriage and Divorce Act, 1936, can a wife file a suit under Section 31 if she was the one who left her husband?

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