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 at Bahrain and residing in Abu Dhabi, while Plaintiff No.1 is a deep-sea diver. Due to their different work locations, they lived apart; Plaintiff No.1 visited Bahrain only 3 or 4 times to reside with Plaintiff No.2. They gradually drifted apart, leading to an irretrievable breakdown of the marriage. During the Parsi New Year of 2002, the parties separated. The court recorded the statements of both plaintiffs, who confirmed that they had been living separately since 2002 and that there was no possibility of reconciliation. The court found that the consent was free and voluntary, and that all legal requirements under Section 32B were satisfied. The court also noted that the statutory period of six months had elapsed since the filing of the petition. Consequently, the court decreed the marriage dissolved by mutual consent, with 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, but due to different work locations and lack of cohabitation, the marriage broke down irretrievably - Court granted divorce by mutual consent after recording statements and finding that the consent was free and voluntary - Held that the marriage had irretrievably broken down and there was no possibility of reconciliation (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 and the marriage has irretrievably broken down.
Final Decision
The court decreed the marriage between the plaintiffs dissolved by mutual consent under Section 32B of the Parsi Marriage and Divorce Act, 1936. No order as to costs.
Law Points
- Divorce by mutual consent
- Irretrievable breakdown of marriage
- Section 32B Parsi Marriage and Divorce Act 1936
