In Parsi Suit No. 24 of 2013, the Bombay High Court, Coram N.M. Jamdar, J., granted a decree for divorce by mutual consent under section 32B of the Parsi Marriage and Divorce Act, 1936. The court found that reconciliation was impossible and the prayer was valid.
A decree of divorce based on Consent Terms annexed at Exh. 'B' to 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 HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PARSI SUIT NO. 24 OF 2013
Pakzad Katpitia … Plaintiff No.1. V/s. Zinobia Katpitia … Plaintiff No.2.
Ms. Armaity S. Khushrushahi for Plaintiff No.1. Ms. Franak Contractor for Plaintiff No.2.
Mr. Pakzad Katpitia, Plaintiff No.1 and Ms. Zinobia Katpitia, Plaintiff No.2 are present.
CORAM : N. M. JAMDAR, J. DATE : 30 SEPTEMBER, 2013
P.C. :
1 By this Suit, the Plaintiffs pray for a decree for divorce by mutual consent under section 32B of the Parsi Marriage and Divorce Act,1936 (for the sake of brevity, hereinafter referred to as “the Act” ).
2 Plaintiff No.1 married with Plaintiff No.2 on 27th April, 2009. One issue, i.e. son Malcomn was born out of the said wedlock on 22nd January, 2011.
3 Differences arose between the parties some time in May, 2010 and in November, 2010, the Plaintiff No.2 went to her parent's house and thereafter, has been leaving separately. The Plaintiffs made their best efforts to sort out the differences,
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considering the interest of the child, however, they could not resolved the same. Accordingly, they are seeking divorce by mutual consent.
4 Both the Plaintiffs have filed affidavits of evidence where they have reiterated the contentions raised in the plaint. Both the Plaintiffs are present in the court and they have reiterated their intention. From perusal of the averments in the plaint and in the affidavit and the stand taken by the Plaintiffs in the court, it appears that reconciliation is not possible and divorce by mutual consent is the best option. The ingredients under section 32B of the Act are satisfied.
5 Accordingly, there shall be a Decree of Divorce in terms of prayer clause (a) in terms of the Consent Terms which are annexed at Exh. 'B' to the Plaint.
6 The suit is disposed of in the above terms.
(N.M.JAMDAR,J.)
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3 issues framed by the court
Whether the ingredients of divorce by mutual consent under section 32B of the Parsi Marriage and Divorce Act, 1936 are satisfied.
Whether a decree for divorce by mutual consent can be granted in the interest of parties and the child.
Whether reconciliation efforts failed and divorce is the best option.
1 provisions across 1 enactments
Pakzad Katpitia
Zinobia Katpitia
N.M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
