The Parsi Marriage and Divorce (Amendment) Act, 1988 (No. 5 of 1988), 25 March 1988.

Annu Rev Popul Law. 1988;15:65.


This Act amends the Parsi Marriage and Divorce Act, 1936, of India in the following ways, among others:

1) marriage age is set at 21 for males and 18 for females (even if they have changed religion); 2) children of invalid marriages are legitimate if they would have been legitimate if the marriage had been valid;

3) divorce can be obtained on the grounds of incurable unsoundness of mind for a period of two years; cruelty; desertion for two years (instead of three, as previously); non-resumption of cohabitation after a decree for separate maintenance for one year (instead of two years); conversion to some other religion (not merely ceasing to be a Parsi); non-resumption of cohabitation for one year after a decree of judicial separation or restitution of conjugal rights, regardless of guilt; and mutual consent;

4) both husband and wife have equal rights to obtain provisional alimony and permanent alimony and maintenance from each other;

5) the age for custody and maintenance of children is increased from 16 to 18; and

6) all suits brought under the law are to tried in camera.