Allowed

Parvin Aspy Buhariwala v. Aspy Firoze Buhariwala

Bombay HC4 Aug 2014PS/20/2014

Case brief

AI extract

What is this about?

The High Court of Bombay decreed a Parsi Suit No. 20 of 2014 filed for divorce by mutual consent. The parties, who had lived apart since January 2012, reached a settlement via consent terms filed in Court. The suit was allowed dissolving the marriage solemnized in 1993, and an order was passed in terms of the annexed Exhibit B.

What did the court decide?

Decree of divorce on grounds of mutual consent under Section 32B, and an order in terms of the consent terms annexed as Exhibit B.

Parvin Aspy Buhariwala Vs Aspy Firoze Buhariwala — Matrimonial and Divorce | Bombay HC (2014)

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NOB-PS-202014.DOC

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ars

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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PARSI SUIT NO. 20 OF 2014

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Parvin Aspy Buhariwala…Plaintiff No.1
And
Aspy Firoze Buhariwala…Plaintiff No.2

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Mrs.Zenobia Irani, for Plaintiff No.1.
Mr.Armaity S. Khushrushali, for Plaintiff No.2.

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CORAM:G.S. PATEL, J
DATED:4th August 2014

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PC:-

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1. Not on board. Mentioned. Taken on board.

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2.This suit has been converted into suit for divorce by mutual
consent. Both parties are present in Court. They have each filed an
affidavit in lieu of examination in chief, and both have separately
deposed to the correctness of the contents of those affidavits.

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3.The Plaintiffs were married on 25th November 1993 in
Mumbai according to the Zoroastrian rites and customs. They have
one child, a son Ruzvaan, born on 15th October 1996. He is today 17
years old.

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4. After marriage, the Plaintiffs have resided together at Godrej Baug, Napean Sea Road, Mumbai 400 026.

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NOB-PS-202014.DOC

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5.In 2002 serious differences arose between the Plaintiffs.
They realised that they were incompatible and could not lead a
harmonious married life. This led to constant tension in their house
and this tension often culminated in quarrels and fights. The
Plaintiffs’ attempts to resolve these differences were unsuccessful.

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6. In January 2013, the Plaintiffs decided that it was no longer possible for them to live together. Plaintiff No.1, the wife, left the matrimonial home along with their minor son and started living with her parents in another house also at Godrej Baug, Off. Napean Sea Road, Mumbai.

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7.On 15th April 2014, the 1st Plaintiff, filed Suit No. 11 of 2014
seeking a divorce on the grounds of cruelty. The 2nd Plaintiff
contested that suit by filing a written statement. Now, in an
endeavour to avoid a protracted and acrimonious litigation, the
Plaintiffs have arrived at a settlement and have agreed to dissolve
their marriage by mutual consent. The 1st Plaintiff undertakes to
this Court to withdraw her Suit No. 11 of 2014 and all allegations
made in it. Similarly the 2nd Plaintiff, the husband, agrees to
withdraw the allegations made in his written statement.

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8.The Plaintiffs have been living apart for more than one year
i.e. since January 2012.

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9.The Plaintiffs have arrived at consent terms. These are
annexed at Exhibit “B” to the Plaint. Some details (a bankers
cheque number, etc.) are yet to be entered in those consent terms.
Other than that, the consent terms are complete. Provision has

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NOB-PS-202014.DOC

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been made for the return of jewellery. Learned advocate for the
Plaintiffs state that this will be done today. The undertakings in the
Consent Terms are accepted as undertakings to this Court.

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10.In this view of the matter, the suit is decreed in terms of
prayer clauses (a) & (b), which read as follows:

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(a) For a Decree of Divorce on the grounds of mutual consent, dissolving the marriage solemnized between the Plaintiffs on 25th November 1993, at Albless Baug, Charini Road, Mumbai, under Section 32B of Parsi Marriage and Divorce Act, 1936;

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(b) For an order in terms of the consent terms annexed and marked as EXHIBIT “B” to the Plaint;

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11.The marriage of the parties solemnized on 25th November
1993 is dissolved by mutual consent under Section 32-B of the
Parasi Marriage and Divorce Act. There will also be an order in
terms of the consent terms annexed as Exhibit “B” to the Plaint.

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12. Decree to be drawn up accordingly.

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(G. S. PATEL, J.)

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Parvin Aspy Buhariwala v. Aspy Firoze Buhariwala

Case brief

What is this about?

What did the court decide?

Parvin Aspy Buhariwala v. Aspy Firoze Buhariwala

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

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