Dismissed

Heckter Kavasji Engineer and Taruna Heckter Engineer v. ................................

Bombay HC4 Dec 2009PS/28/2009

Case brief

AI extract

What is this about?

The Court disposed of a divorce suit filed by mutual consent under Section 32-B of the Parsi Marriage and Divorce Act, 1936. The parties were present and affirmed their agreement to divorce with settled terms regarding custody and alimony.

What did the court decide?

Accepted undertakings in consent terms and passed a decree in terms of prayer clauses for divorce.

Heckter Kavasji Engineer and Taruna Heckter Engineer… — Matrimonial and Divorce | Bombay HC (2009)

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IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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PARSI SUIT NO.28 OF 2009

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Heckter Kavasji Engineer

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.. Plaintiff No.1

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And

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Taruna Heckter Engineer .. Plaintiff No.2

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Ms.Sanober P. Nanavati for plaintiff No.1. Ms.Frahnak Contractor for plaintiff No.2. Plaintiff Nos.1 and 2 personally present in Court.

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CORAM : A.S.OKA, J. DATE : 4^th December 2009.

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JUDGMENT:

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. Heard learned counsel appearing for the 1^st plaintiff and the learned counsel appearing for the 2^nd plaintiff. This is a suit invoking section 32-B of the Parsi Marriage and Divorce Act, 1936.

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It is stated in the plaint that the 1^st and 2^nd plaintiffs married on 10^th May 1991 in accordance with rites and ceremonies of Parsi Zoroastrian religion and custom. There are two issues of the said marriage. The elder one is the son and younger one is the daughter. Both of them are minors. It is stated that till June 2005, the parties continued to reside together and since June 2005 they have been continuously residing separately. The 1^st and 2^nd plaintiffs have stated that they made all possible efforts for saving the marriage. However, now they have come to the conclusion that it is impossible for them to stay together as husband and wife. The consent

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terms arrived at between the parties have been annexed to the suit. Perusal of the consent terms show that parties have arrived at settlement as regards all aspects including custody of minor children and payment of alimony.

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The 1^st and 2^nd plaintiffs are personally present in the Court. They have tendered their separate affidavits affirming and reiterating what is stated in the suit. They have stated that they have agreed to take divorce by mutual consent of their own free will.

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After having perused the averments made in the plaint and the affidavits and after hearing the parties, I am satisfied that the parties have not been living together for last more than one year. I am satisfied that the averments made in the plaint are true and that the consent of either party to the suit was not obtained by force or fraud.

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Hence, the suit is disposed of by passing following order:

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: O R D E R :

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(a) The undertakings in the consent terms in paragraph Nos.5 to 9 thereof are accepted.

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(b) There will be a decree in terms of prayer clauses (a) and (b).

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Heckter Kavasji Engineer and Taruna Heckter Engineer v. ................................

Case brief

What is this about?

What did the court decide?

Heckter Kavasji Engineer and Taruna Heckter Engineer v. ................................

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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