Case Note & Summary
The present suit was filed by Mrs. Farzin Kurush Patel (Plaintiff No.1) and Mr. Kurush Jimmy Patel (Plaintiff No.2) in the Parsi Chief Matrimonial Court at Bombay seeking a divorce by mutual consent under Section 32B of the Parsi Marriage and Divorce Act, 1936. The parties are Parsi Zoroastrians who were married on 18th December 1989 at Mumbai according to Parsi Zoroastrian rites and customs. They stated before the Court that there are serious differences between them. On 5th November 2003, the First Plaintiff left the matrimonial home and has been residing separately since then at Bai Gamadia Hostel for Girls, Tardeo Road, Mumbai-400 007. The parties have resided separately for over a year and have agreed to divorce by mutual consent. The Court framed an issue: whether the Plaintiffs prove that they were married on 18th December 1989 at Mumbai according to Parsi Zoroastrian Rites and Customs. The Plaintiffs examined themselves and produced a marriage certificate. The Court found that the marriage was duly proved. The Court also noted that the parties have been living separately for over a year and have mutually agreed to dissolve the marriage. The Court held that the requirements of Section 32B of the Parsi Marriage and Divorce Act, 1936 are satisfied and granted a decree of divorce by mutual consent. The suit was decreed in terms of the prayer clause, with no order as to costs.
Headnote
A) Parsi Law - Divorce by Mutual Consent - Section 32B Parsi Marriage and Divorce Act, 1936 - Parties married on 18th December 1989, separated since 5th November 2003, and agreed to divorce by mutual consent - Court satisfied that parties have serious differences and have resided separately for over a year - Held that decree of divorce by mutual consent be granted (Paras 1-3).
Issue of Consideration
Whether the parties are entitled to a decree of divorce by mutual consent under Section 32B of the Parsi Marriage and Divorce Act, 1936
Final Decision
Decree of divorce by mutual consent granted under Section 32B of the Parsi Marriage and Divorce Act, 1936. Suit decreed in terms of the prayer clause. No order as to costs.
Law Points
- Divorce by mutual consent
- Section 32B Parsi Marriage and Divorce Act
- 1936
- irretrievable breakdown of marriage
- separation for over a year
