Case Note & Summary
This is a suit for divorce by mutual consent filed by Daneshmand Homi Unwalla (Plaintiff No.1) and Kamal Danesh Unwalla (Plaintiff No.2) under Section 32B of the Parsi Marriage and Divorce Act, 1936. The parties were married on 26th February 2000 in accordance with Parsi Zoroastrian rites. Plaintiff No.2 is an airhostess with Gulf Airlines stationed in Bahrain and residing in Abu Dhabi, while Plaintiff No.1 is a deep-sea diver. Due to their separate residences and incompatible temperaments, they drifted apart after Plaintiff No.1 visited Bahrain on three or four occasions to reside with Plaintiff No.2. The marriage suffered an irretrievable breakdown. The court noted that the parties had been living separately for more than a year, had not cohabited as husband and wife since August 2002, and had mutually agreed to dissolve the marriage. There was no collusion between the parties, and neither party had withdrawn consent. The court was satisfied that all requirements of Section 32B were met. Accordingly, the court passed a decree of divorce by mutual consent, dissolving the marriage with effect from the date of the decree. No order as to costs.
Headnote
A) Family Law - Divorce by Mutual Consent - Section 32B Parsi Marriage and Divorce Act, 1936 - Irretrievable Breakdown - Parties married on 26th February 2000, separated due to incompatible temperaments and separate residences (husband in India, wife in Bahrain/Abu Dhabi). The court found that the marriage had irretrievably broken down, there was no collusion, and consent had not been withdrawn. Held that a decree of divorce by mutual consent be passed dissolving the marriage with effect from the date of decree. (Paras 1-3)
Issue of Consideration
Whether a decree of divorce by mutual consent should be granted under Section 32B of the Parsi Marriage and Divorce Act, 1936, when the parties have been living separately for more than a year, have not cohabited, and have mutually agreed to dissolve the marriage.
Final Decision
The court passed a decree of divorce by mutual consent under Section 32B of the Parsi Marriage and Divorce Act, 1936, dissolving the marriage between the parties with effect from the date of the decree. No order as to costs.
Law Points
- Divorce by mutual consent
- Irretrievable breakdown of marriage
- Section 32B Parsi Marriage and Divorce Act
- 1936
- No collusion
- Consent not withdrawn
