In a suit for divorce by mutual consent, the court dissolved the marriage of the plaintiffs under the Parsi Marriage and Divorce Act, 1936 upon consideration of their consent terms, allowing the decree as per the agreed terms.
Marriage dissolved; decree passed in accordance with Consent Terms.
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.
913-PS-3-15.DOC
Sharayu
IN THE PARSI CHIEF MATRIMONIAL COURT AT MUMBAI
SUIT NO. 3 OF 2015
Mr. Ashdin Mackey Pithawala…Plaintiff No. 1
And
Mrs. Kainaaz Ashdin Pithawala…Plaintiff No. 2
Mr. Ajay Talreja, for the Plaintiff No. 1.
Mr. Ashish Sharma, for the Plaintiff No. 2.
CORAM: G.S. PATEL, J DATED: 24th March 2015
PC:-
1. This is a Suit for divorce by mutual consent under Section
32-B of the Parsi Marriage and Divorce Act, 1936. The 1st Plaintiff
is the husband. The 2nd Plaintiff is the wife. They are both present
in Court. The Plaintiffs were married at Mumbai on 1st March 2013
in accordance with Zoroastrian rites and customs. After marriage
they lived together at the 1st Plaintiff’s residence at Lalbaug,
Mumbai till August 2013.
2.During their time together as husband and wife, differences
arose between the Plaintiffs. They found themselves to be
incompatible. In August 2013, the 2nd Plaintiff left the matrimonial
home and started residing with her father at Tardeo, Mumbai.
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913-PS-3-15.DOC
3.The Plaintiffs have no children. They have been living apart
for more than one year prior to the filing of the Suit. They have
been unable to resolve their differences.
4.The Plaintiffs have filed their respective Affidavits in lieu of
Examination-in-Chief. These are taken on record.
5.The Plaintiffs have also arrived at Consent Terms. These are
annexed at Exh.B to the Suit. I have seen the Consent Terms. They
are in order. They are signed by both parties and their Advocates.
The Consent Terms are taken on record. Undertakings in the
Consent Terms are accepted as undertakings to the Court.
6.In this view of the matter, the marriage of the parties is
dissolved under Section 32-B of the Parsi Marriage and Divorce
Act, 1936. There will also be an order and decree in accordance
with the Consent Terms, Exh.B to the Plaint. Drawn up decree is
dispensed with.
7. All concerned to act on authenticated copy of this order.
(G. S. PATEL, J.)
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2 issues framed by the court
Whether the marriage between the plaintiffs can be dissolved by mutual consent under the Parsi Marriage and Divorce Act, 1936.
Whether the consent terms arrived at by the parties are in order and acceptable for dissolution of marriage.
1 provisions across 1 enactments
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court