Allowed

Mahafrine Kerfegar Eduljee (Plaintiff NO.1) v. Kerfegar Dinshaw Eduljee (Plaintiff NO.2)

Bombay HC2 Jul 2014PS/14/2014

Case brief

AI extract

What is this about?

In a Parsi Suit for divorce by mutual consent filed by wife Mahafrine Kerfegar Eduljee against husband Kerfegar Dinshaw Eduljee, the court granted a decree dissolving the marriage under Section 32B of the Parsi Marriage & Divorce Act, 1936 based on the parties' signed consent terms covering maintenance, custody, and access.

What did the court decide?

Decree for divorce by mutual consent dissolving the marriage solemnized on 27th December 2001 and orders in terms of consent terms regarding maintenance, custody, and access.

Mahafrine Kerfegar Eduljee (Plaintiff NO.1) Vs… — Child Custody and Guardianship | Bombay HC (2014)

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20-PS14-14.DOC

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shephali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO. 14 OF 2014

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Mahafrine Kerfegar Eduljee…Plaintiff No.1
Versus
Kerfegar Dinshaw Eduljee…Plaintiff No.2

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Mrs. Armaity S. Khushrushahi, for Plaintiff No. 1.
Ms.Farhana D. Contractor, for Plaintiff No. 2.

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CORAM:G.S. PATEL, J
DATED:2nd July 2014

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PC:-

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1.The two Plaintiffs are, respectively, wife and husband. They
were married on 27th December 2001 in Mumbai. Both are
Zoroastrians. They have a daughter, Zianna, born on 27th January
2004. After marriage, both Plaintiffs lived together in Mumbai.

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2.In 2007, serious differences arose between the Plaintiffs. In
the petition, both Plaintiffs say that they then realized that they
were incompatible and had very different values and outlooks on
life. Matters become so difficult that it was then impossible for the
Plaintiffs to continue living together. Since April 2013, they have

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20-PS14-14.DOC

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living separately. They have been living apart for more than one
year before this suit was instituted.

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3.The Plaintiffs have both agreed to obtain a divorce by mutual
consent under Section 32B of the Parsi Marriage & Divorce Act,
1936. They have also signed consent terms, a copy of which at
Exhibit “B” to this petition. I have seen those consent terms. They
are signed by both the parties. There are adequate provisions made
for maintenance and custody of the minor daughter as also access.

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4.In view thereof, the marriage of the Plaintiffs solemnized on
27th December 2001 is dissolved by mutual consent. There will be
a decree in terms of prayer clauses (a) and (b), which read thus:

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“(a)For a decree for divorce by mutual consent dissolving the marriage solemnized between the Plaintiffs on 27th December 2001, at Albless Baug, Girgaum, Mumbai under Section 32B of the Parsi Marriage & Divorce Act, 1936;

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(b) For orders in terms of the consent terms marked as Exhibit “B” hereto;”

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5. Drawn up decree is dispensed with.

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6. All concerned to act on an authenticated copy of this order.

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(G. S. PATEL, J.)

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Mahafrine Kerfegar Eduljee (Plaintiff NO.1) v. Kerfegar Dinshaw Eduljee (Plaintiff NO.2)

Case brief

What is this about?

What did the court decide?

Mahafrine Kerfegar Eduljee (Plaintiff NO.1) v. Kerfegar Dinshaw Eduljee (Plaintiff NO.2)

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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