The Parsi Chief Matrimonial Court granted a decree for divorce by mutual consent between the plaintiffs under Section 32-B of the Parsi Marriage and Divorce Act, 1936, as reconciliation proved impossible and consent was voluntary.
Decree for divorce by mutual consent in terms of prayer Clauses (a) of the plaint.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY
PARSI SUIT NO. 32 OF 2006
Farzana Neville Nakra.
.. Plaintiff No.1.
and
Neville Sam Nakra.
.. Plaintiff No.2.
Mrs. Armaity S. Khushrushahi for Plaintiff No.1.
M/s. A.N. Karbhari for Plaintiff No.2.
CORAM : DR. D.Y. CHANDRACHUD,J.
1ST DECEMBER, 2006.
P.C. :
parties have resided together for a period of over one
year before the institution of the suit.
their affidavits in lieu of examination in chief.
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| impossible | bet | ween | the partie |
s, there |
is no reason |
as | to |
|---|---|---|---|---|---|---|---|
| why | a decre |
e for |
divorce |
by mutual |
consent should |
not | be |
| passed | under | Secti | on 32-B |
of the |
Parsi M |
arriage | and |
| Divorce | Act, | 1936. | The | Court has |
been informed |
that | the |
| parties | have | not | made any |
provision |
for alimony. |
I | am |
| satisfied | that | the | consent | of the |
parties to a |
decree | for |
divorce by mutual consent has not been obtained by force,
fraud or undue influence.
decreed in terms of prayer Clauses (a).
1 issue framed by the court
Whether a decree for divorce by mutual consent can be passed under Section 32-B of the Parsi Marriage and Divorce Act, 1936, given the impossibility of reconciliation and lack of provision for alimony
1 provisions across 1 enactments
Dr. D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
