Case Note & Summary
This is a suit for divorce by mutual consent filed by Hormazd Kersi Irani (Plaintiff No.1) and Dilnaz Hormazd Irani (Plaintiff No.2) under Section 32-B of the Parsi Marriage and Divorce Act, 1936. The parties, both Parsi Zoroastrians, were married on 21st April 2001 according to Parsi Zoroastrian rites and customs. Serious disputes arose between them, and since 14th September 2001, the Second Plaintiff had permanently moved out of the matrimonial home. Both parties gave evidence in support of their case for divorce by mutual consent. The court, after recording evidence, was satisfied that the marriage was solemnized under the Act, the averments in the plaint were true, and the consent of neither party was obtained by force or fraud. The court noted that the parties had lived apart for a period in excess of one year and there was no possibility of reconciliation. Accordingly, the suit was decreed in terms of the prayer clauses (a) and (b), with no order as to costs.
Headnote
A) Family Law - Divorce by Mutual Consent - Section 32-B Parsi Marriage and Divorce Act, 1936 - Court granted divorce by mutual consent after finding that the marriage was solemnized under the Act, the averments in the plaint were true, consent was not obtained by force or fraud, and the parties had lived apart for over a year with no possibility of reconciliation. (Paras 1-3)
Issue of Consideration
Whether the suit for divorce by mutual consent under Section 32-B of the Parsi Marriage and Divorce Act, 1936 should be decreed.
Final Decision
The suit is decreed in terms of prayer clauses (a) and (b). No order as to costs.
Law Points
- Divorce by mutual consent under Section 32-B of Parsi Marriage and Divorce Act
- 1936 requires satisfaction that marriage was solemnized under the Act
- averments in plaint are true
- consent not obtained by force or fraud
- and parties have lived apart for at least one year with no possibility of reconciliation.
Case Details
2005 LawText (BOM) (03) 122
Ms. Nilesha Jain i/b M/s. Joy Legal Consultants for Plaintiff No.1, Ms. Aban Patel for Plaintiff No.2
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Nature of Litigation
Suit for divorce by mutual consent under Section 32-B of the Parsi Marriage and Divorce Act, 1936.
Remedy Sought
Decree of divorce by mutual consent.
Filing Reason
Serious disputes between the parties leading to permanent separation since 14th September 2001.
Issues
Whether the suit for divorce by mutual consent under Section 32-B of the Parsi Marriage and Divorce Act, 1936 should be decreed.
Submissions/Arguments
Both parties supported the suit for divorce by mutual consent and gave evidence in support.
Ratio Decidendi
A divorce by mutual consent under Section 32-B of the Parsi Marriage and Divorce Act, 1936 is granted when the court is satisfied that the marriage was solemnized under the Act, the averments in the plaint are true, consent is not obtained by force or fraud, and the parties have lived apart for at least one year with no possibility of reconciliation.
Judgment Excerpts
This is a suit for divorce by mutual consent under Section 32-B of the Parsi Marriage and Divorce Act, 1936.
I am of the view, on the basis of the evidence which has been recorded, that the marriage has been solemnised under the provisions of the Act; that the averments in the plaint are true and that the consent of either party to the suit was not obtained by force or fraud.
A divorce by mutual consent is in the interest of both the parties and having regard to the fact that they have lived apart for a period in excess of one year, there is no possibility now of a reconciliation.
Procedural History
The suit was filed as Parsi Suit No.5 of 2005 in the Parsi Chief Matrimonial Court at Bombay. Both parties gave evidence. The court heard the matter and delivered judgment on 24th March 2005.
Acts & Sections
- Parsi Marriage and Divorce Act, 1936: 32-B
