Plaintiffs instituted a suit for mutual consent divorce under Section 32B of the Parsi Marriage and Divorce Act, 1936. The court found all ingredients satisfied and decreed the suit per consent terms.
Decree passed in terms of prayer clauses (a) and (b) 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.
ps-19.13.doc
ppn 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PARSI SUIT NO.19 OF 2013
Persis Viraf Mory .. Plaintiff No.1 And Viraf Burjor Mory .. Plaintiff No.2
Mr.Narayana B. Suvarna with Mrs. Aban G. Patel for plaintiff no.1. Ms.Persis Viraf Mory, plaintiff no.1 in-person present. Ms. Hutoxi Tavadia for plaintiff no.2. Mr.Viraf Burjor Mory, plaintiff no.1 in-person present.
CORAM : N.M. JAMDAR, J. DATE : 26 AUGUST 2013
P.C. :
. By this suit, the plaintiffs pray that decree be passed under Section 32B of the Parsi Marriage and Divorce Act, 1936 in terms of the consent terms which are annexed to the plaint.
ppn 2 ps-19.13.doc
plaintiff No.2 returned to India whereas the plaintiff no.1 continued to reside in Auckland, New Zealand. In the circumstances, they have decided that divorce by mutual consent is the best option. In the consent terms which are annexed to the plaint, they have set out modalities of payments. The plaintiffs have agreed that plaintiff no.2 will pay a lumpsum amount and also a payment is specified for the daughter. The consent terms are signed by both the parties and their respective advocates.
N.M. JAMDAR, J.
1 issue framed by the court
Whether the suit for mutual consent divorce under Section 32B of the Parsi Marriage and Divorce Act, 1936 should be decreed based on consent terms annexed to the plaint.
1 provisions across 1 enactments
Persis Viraf Mory
Viraf Burjor Mory
N.M. JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
