Allowed

Mr. Derek Percy Spencer (Plaintiff No. 1) v. Mrs. Friya Derek Spencer (Plaintiff No. 2)

Bombay HC7 Aug 2014PS/9/2014

Case brief

AI extract

What is this about?

The High Court of Bombay decreed a divorce by mutual consent under Section 32-B of the Parsi Marriage and Divorce Act, 1936 for the petitioners who were married in 2007 but have been living apart since 2010 due to irretrievable breakdown of the marriage. The decree was passed based on their mutual agreement regarding maintenance.

What did the court decide?

The marriage solemnized on 27th January 2007 is dissolved by mutual consent.

Mr. Derek Percy Spencer (Plaintiff No. 1) Vs Mrs… — Matrimonial and Divorce | Bombay HC (2014)

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904-PS-92014.DOC

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ars

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO. 9 OF 2014

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Mr. Derek P. Spencer…Plaintiff No.1
Versus
Mrs. Friya D. Spencer…Plaintiff No.2

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Mrs. Taubon Irani, for Plaintiffs Nos. 1 and 2.

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CORAM:G.S. PATEL, J
DATED:7th August 2014

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PC:-

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1.This is a suit for divorce by mutual consent under Section
32-B of the Parsi Marriage and Divorce Act, 1936.

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2.The Plaintiffs were married in Mumbai on 27th January 2007
under Zoroastrian rites and customs. Both are Indian citizens
domiciled in Maharashtra. This was the first marriage of both the
Plaintiffs. They have no children. After marriage they continued to
live together in Mumbai as husband and wife.

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3.Since 2010, the Plaintiffs have had severe differences.
Despite all attempts by friends, family members and relatives, the
Plaintiffs have not been able to resolve these differences.

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904-PS-92014.DOC

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4.For all practical purposes, though under the same roof, the
Plaintiffs have been living apart since 2010. They agree that their
marriage has irretrievably broken down and there is no possibility of
any reconciliation. They both seek a divorce by mutual consent.

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5.In paragraph 8 of the Plaint, the Plaintiffs have stated that the
1st Plaintiff-husband has agreed to pay to the 2nd Plaintiff-wife an
amount of Rs.35,000/- per month as alimony from April 2014. This
amount is to be increased annually by Rs.3,000/- per month. The
amount is to be transferred directly to the 2nd Plaintiff’s bank
account on or before 10th of each month. This amount is payable by
the 1st Plaintiff to the 2nd Plaintiff so long as she is unmarried.
These payments are stopped from the date of her remarriage, if any.
The Plaintiffs have also agreed that should the 1st Plaintiff lose his
job, the amount shall not be payable till such time as he secures
alternative employment. The Plaintiffs have agreed that they will
then arrive at a mutually accepted amount as maintenance
thereafter. These statements are accepted as undertakings to the
Court.

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6.In paragraph 9 of the Plaint, the 2nd Plaintiff has confirmed
that she is in possession of her personal jewellery and her
belongings and that she has no claim on that account against 1st
Plaintiff and his family. Both Plaintiffs confirm that they have no
claim against each other, except for the question of maintenance
mentioned above.

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7.In this view of the matter, the marriage of the Plaintiffs
solemnized on 27th January 2007 is dissolved by mutual consent

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904-PS-92014.DOC

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under Section 32-B of the Parsi Marriage and Divorce Act, 1936.
The suit is decreed in terms of prayer clause (a).

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8. Decree to be drawn up accordingly.

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(G. S. PATEL, J.)

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Mr. Derek Percy Spencer (Plaintiff No. 1) v. Mrs. Friya Derek Spencer (Plaintiff No. 2)

Case brief

What is this about?

What did the court decide?

Mr. Derek Percy Spencer (Plaintiff No. 1) v. Mrs. Friya Derek Spencer (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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