Case Note & Summary
This is a suit for divorce by mutual consent filed by Rohinton Minoo Surty (Plaintiff No.1) and Kashmira Rohinton Surty (Plaintiff No.2) under Section 32B of the Parsi Marriage and Divorce Act, 1936. The plaintiffs were married on 21 December 2004 at Dadyseth Atasbehram, Mumbai, according to Parsi Zoroastrian rites, after initially registering their marriage under the Special Marriage Act, 1954 on 24 September 2004. The marriage was registered with the Registrar of Parsi Marriages, High Court, Bombay on 22 December 2004. No children were born from the marriage. Within a few years of marriage, temperamental issues and serious differences arose between the parties, leading to cessation of cohabitation. The plaintiffs stated that they have not cohabited as husband and wife since 18 March 2018 and that there is an irretrievable breakdown of their marriage. The court examined the plaint and the joint consent of both parties. It noted that the plaintiffs had been living separately for over a year and that there was no possibility of reconciliation. The court found that the consent was free and voluntary, and that all conditions under Section 32B were satisfied. Accordingly, the court allowed the suit and pronounced a decree of divorce dissolving the marriage with immediate effect.
Headnote
A) Family Law - Divorce by Mutual Consent - Section 32B Parsi Marriage and Divorce Act, 1936 - Irretrievable Breakdown - The plaintiffs, married in 2004, ceased cohabitation since 18 March 2018 due to temperamental differences and serious disputes. No children were born. The court, satisfied that the marriage had irretrievably broken down and that the consent was free and voluntary, granted a decree of divorce by mutual consent under Section 32B of the Act. (Paras 1-5)
Issue of Consideration
Whether the marriage between the plaintiffs has irretrievably broken down and whether a decree of divorce by mutual consent under Section 32B of the Parsi Marriage and Divorce Act, 1936 should be granted.
Final Decision
The court allowed the suit and pronounced a decree of divorce dissolving the marriage between the plaintiffs with immediate effect.
Law Points
- Divorce by mutual consent
- irretrievable breakdown of marriage
- Section 32B Parsi Marriage and Divorce Act
- 1936
- no children
- separation since 2018
