Date:June 30, 2022
Here we will discuss Divorce by mutual consent under Parsi Law
Read here: What is mutual consent divorce?
The provision of marriage & divorce for Parsis in India is governed by Parsi Marriage and Divorce Act, 1936
Section 32B of Parsi Marriage and Divorce Act 1936 talks about Divorce by mutual consent.
Section 32B provides that petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together.
Such petition can be presented on the grounds provided therein.
Section 32B provides following grounds on which a petition for dissolution of marriage can be presented in court:
(1) Both husband and wife has been living separately for a period one year or more, and
(2) They have not been able to live together, and
(3) They have mutually agreed that the marriage should be dissolved. Consent should not have been obtained by force or fraud.
The above are the explicit conditions which are provided under section 32B of Parsi Marriage and Divorce Act 1936.
All the above grounds are mandatory before a petition for dissolution of marriage is present in court.
If any of the above grounds are missing from the petition for dissolution of marriage, the Court may reject such petition.
Besides the grounds provided in 32B of Parsi Marriage and Divorce Act 1936, there are some other conditions. These conditions court may weigh before granting decree of divorce by mutual consent. These are:
(1) Marriage is solemnised as per provisions of Parsi Marriage and Divorce Act 1936.
(2) Parties to marriage i.e. husband and wife must have settled all their dispute or differences, if any
They must have entered in full and final understanding. Nothing should be left, which may be a reason of future contentions or litigation between the parties to marriage.
If any permanent alimony is to be given, the wife must have received all amount of alimony, or if the alimony is to be given in future dates or monthly the husband and wife must have entered into a written understanding in that respect.
(3) If Parties to marriage i.e. husband and wife has any child, they must have entered into an understanding as to how child to be raised. There must be a clear understanding of custody and finance of child education to be met.
Followings are steps of Mutual divorce process under Section 32B as in Parsi Marriage and Divorce Act 1936
First – Parties to marriage i.e. husband and wife filing the joint petition for divorce by mutual consent in the court of law.
Second – Court hears both the parties. Court makes inquiries for its satisfaction as to the marriage was solemnised and that the averments made in the petition are true.
Third – One being satisfied and taking statement of the parties, Court passes a decree of dissolution of marriage.
Unlike Hindu Marriage Act 1955 and Special Marriage Act 1955 there is no provision under section 32B of Parsi Marriage and Divorce Act 1936 for the cooling off period minimum of Six months.
Read here : Section 32B as in Parsi Marriage and Divorce Act 1936
So, a mutual consent divorce under Parsi laws can be presented as per the provisions of section 32B of Parsi Marriage and Divorce Act 1936.
It is noteworthy that parties approaching for divorce with mutual consent must satisfy grounds given under section 32B and other conditions as discussed above.
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