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 has permanently moved out of the matrimonial home. Both parties testified in support of their case for divorce by mutual consent. The court, after recording evidence, found that the marriage was solemnized under the Act, the averments in the plaint were true, and the consent of either party was not obtained by force or fraud. The court observed that a divorce by mutual consent is in the interest of both parties, and since they have lived apart for a period in excess of one year, there is 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) Parsi Law - Divorce by Mutual Consent - Section 32-B Parsi Marriage and Divorce Act, 1936 - Consent and Living Apart - The court considered whether the marriage had broken down irretrievably and whether the consent of both parties was free and voluntary. The court held that the marriage was solemnized under the Act, the averments in the plaint were true, and the consent was not obtained by force or fraud. Since the parties had lived apart for over a year and reconciliation was impossible, the court decreed the divorce. (Paras 1-3)
Issue of Consideration
Whether a decree of divorce by mutual consent under Section 32-B of the Parsi Marriage and Divorce Act, 1936 should be granted when the parties have lived apart for more than one year and there is no possibility of reconciliation.
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
- Section 32-B Parsi Marriage and Divorce Act
- 1936
- irretrievable breakdown of marriage
- consent not obtained by force or fraud
- living apart for more than one year
