Case Note & Summary
The plaintiff wife instituted a suit under Section 32(dd) of the Parsi Marriage and Divorce Act, 1936, seeking divorce on the ground that the defendant husband had treated her with cruelty since the solemnization of the marriage, behaving in such a way as to render it improper to compel her to live with him. The parties were married at Mumbai on 14th December 2002 according to Parsi Zoroastrian rites and customs, both professing the Zoroastrian faith and domiciled in Mumbai. No issue was born from the marriage. For a brief period, the parties cohabited in Pune, after which they separated. The court, after hearing the plaintiff and considering the evidence, found that the defendant's behavior constituted cruelty within the meaning of Section 32(dd) of the Act. The court noted that the plaintiff had proved the ground of cruelty and that it would be improper to compel her to live with the defendant. Accordingly, the court passed a decree of divorce dissolving the marriage between the parties. The judgment was delivered by Dr. D.Y. Chandrachud, J., aided by a forewoman, two gentlemen, and two ladies, on March 2, 2005.
Headnote
A) Family Law - Divorce - Cruelty - Section 32(dd) Parsi Marriage and Divorce Act, 1936 - The plaintiff wife sought divorce on the ground that the defendant husband treated her with cruelty since the solemnization of marriage, rendering it improper to compel her to live with him - The court, after considering evidence, held that the defendant's behavior constituted cruelty and granted a decree of divorce - Held that the plaintiff proved the ground of cruelty under Section 32(dd) (Paras 1-2).
Issue of Consideration
Whether the defendant treated the plaintiff with cruelty so as to render it improper to compel the plaintiff to live with the defendant under Section 32(dd) of the Parsi Marriage and Divorce Act, 1936
Final Decision
Decree of divorce granted dissolving the marriage between the plaintiff and defendant
Law Points
- Cruelty under Section 32(dd) of Parsi Marriage and Divorce Act
- 1936 includes mental cruelty rendering it improper to compel the plaintiff to live with the defendant
