In a suit for divorce by mutual consent under Section 32-B of the Parsi Marriage & Divorce Act, 1936, the court decreed the suit despite the parties having minor children, as both plaintiffs agreed to retain custody with the father.
Decreeted the suit for dissolution of marriage by consent; no order as to costs.
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IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY
SUIT NO. 31 OF 2005
Cyrus Shavak Patel
At Lyndwood House, B. Petit Road,
Mumbai - 400 026. ... Plaintiff No.1.
And
Erzaan Cyrus Patel,
At 91, Paradise Apartments,
44, Nepean Sea Rd., Mumbai-400 012.... Plaintiff No.2.
Mr. N.B. Suvarna for the plaintiffs.
Both plaintiffs present in the Court.
CORAM: P.V. KAKADE, J.
DATED: 16TH DEC., 2005
P.C.:
1. The suit is filed for decree of divorce dissolving
the marriage by mutual consent as contemplated under
Sec.32-B of the Parsi Marriage & Divorce Act, 1936
(hereinafter referred to as the said Act).
2. Both plaintiffs are present before the Court and
submit that they were married on 6.1.2003 according to
Parsi Zoroastrian rites and customs, having two children
borne out of the said marriage who are at present in the
custody of plaintiff No.1. Both parties agree that they
shall remain in the custody of plaintiff No.1 after
2
dissolution of marriage.
3. Plaintiffs have submitted that they have realized
that they are not compatible with each other as they are
temperamentally very different from each other and
because of serious differences arose between them led to
regular tension in the house and every effort was made
to reconcile, however, in vain and, therefore, plaintiff
No.2 left the matrimonial home on 14.8.2004 and started
residing separately. It is also submitted that they are
leaving together for more than one year before filing of
the suit i.e. from 14.8.2004. It is further submitted
that the plaintiffs have signed and submitted the
consent terms voluntarily and without any pressure from
any party.
4. In view of this position, I do not see any reason as
to why the decree for dissolution of marriage by consent
should not be passed.
5. In the result, the suit is decreed in terms of
prayer clause (a) and stands disposed of with no order
as to costs.
1 issue framed by the court
Whether a decree for dissolution of marriage by mutual consent should be passed under Section 32-B of the Parsi Marriage & Divorce Act, 1936.
1 provisions across 1 enactments
Cyrus Shavak Patel
Erzaan Cyrus Patel
P.V. KAKADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court