Section 32A of The Parsi Marriage and Divorce Act, 1936. in hindi
1[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).
Summary
- This section provides a way to get a divorce if a couple does not live together again after a court has already issued a temporary separation order.
- It also applies if a court ordered a spouse to return to the marriage, known as restitution of conjugal rights, but they failed to do so.
- In both cases, the couple must have failed to live together for at least one year after the court's order.
- However, the person asking for the divorce must have followed any maintenance orders, which are payments for living expenses, previously given by the court.
Practical examples
FAQ
1. Can I get a divorce under Section 32A of The Parsi Marriage and Divorce Act if we haven't lived together after a separation decree?
Yes, if there has been no resumption of cohabitation for one year or more after a decree for judicial separation, either party can sue for divorce under Section 32A.
2. What happens if a spouse ignores a court order to return home under the Parsi marriage law?
Under Section 32A, if there is no restitution of conjugal rights for one year after such a decree, either party can file for a divorce.
3. Is there any reason the court would refuse a divorce under Section 32A of the Parsi Act?
Yes, the court will not grant a divorce under Section 32A if the person filing the suit has failed to pay maintenance as ordered by the court.
4. How long is the waiting period under Section 32A of The Parsi Marriage and Divorce Act, 1936?
The waiting period is one year or more after the passing of the initial decree for separation or return of rights.
Test yourself
Q1.Under Section 32A of The Parsi Marriage and Divorce Act, 1936, how long must a period of non-cohabitation last after a judicial separation decree before filing for divorce?
Q2.According to Section 32A of the Parsi Marriage and Divorce Act, what is a mandatory condition for the plaintiff to be granted a divorce?
Q3.Under Section 32A of The Parsi Marriage and Divorce Act, 1936, which of the following decrees can eventually lead to a divorce ground?
Q4.If a husband has an order against him to pay 5,000 rupees monthly to his wife under Section 40 of the Act and he stops paying, can he get a divorce under Section 32A of the Parsi marriage law?