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 and were married on 18th December 1989 at Mumbai according to Parsi Zoroastrian rites and customs. They stated before the Court that there were serious differences between them, and on 5th November 2003, the First Plaintiff left the matrimonial home and has been residing separately at Bai Gamadia Hostel for Girls, Tardeo Road, Mumbai-400 007 since then. The parties have resided separately for over a year and have agreed to divorce by mutual consent. The Court framed issues regarding whether the plaintiffs prove their marriage and whether they prove that they have been living separately for over a year and have not been able to live together. The Court recorded the evidence of the plaintiffs, who affirmed the plaint and exhibited the marriage certificate. The Court found that the plaintiffs have proved their marriage and that they have been living separately for over a year and have mutually agreed to dissolve the marriage. The Court held that the marriage should be dissolved by mutual consent and granted a decree of divorce under Section 32B of the Act. The Court also directed that the marriage certificate be cancelled and that the plaintiffs pay the costs of the suit.
Headnote
A) Family 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 there were serious differences and parties had lived separately for over a year - Held that the marriage should be dissolved by mutual consent (Para 1-3).
Issue of Consideration
Whether the parties are entitled to a divorce by mutual consent under Section 32B of the Parsi Marriage and Divorce Act, 1936
Final Decision
The Court decreed divorce by mutual consent under Section 32B of the Parsi Marriage and Divorce Act, 1936, dissolving the marriage between the parties. The marriage certificate was ordered to be cancelled. The plaintiffs were directed to pay costs of the suit.
Law Points
- Divorce by mutual consent
- Section 32B Parsi Marriage and Divorce Act
- 1936
- irretrievable breakdown of marriage
- separation for over a year
