I am a Parsi woman in Itanagar and my husband has deserted me for three years, can I file for divorce?
NA Asked by Naveen Shetty from India
Quick Answer
Under the Parsi Marriage and Divorce Act, 1936, desertion for at least two years is a recognised ground for divorce.
Detailed Legal Analysis
Under the Parsi Marriage and Divorce Act, 1936, desertion for at least two years is a recognised ground for divorce. In Itanagar, you can file a petition for divorce before the Parsi Matrimonial Court having jurisdiction over your residence.
The Gauhati High Court has jurisdiction over appeals from the decree of the Parsi Matrimonial Court. Arunachal Pradesh Rent Control Act 2017 may prescribe additional procedural requirements for filing the petition.
You must prove that your husband has deserted you without reasonable cause and without your consent for a continuous period of at least two years. You should produce evidence such as witness statements, correspondence, and proof of your separate residence.
The court may also direct the husband to pay maintenance and litigation expenses. If the court is satisfied that the ground is made out, it will pass a decree of divorce.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.