Allowed

Tarana Mehernosh Pithawalla (Plaintiffs No. 1) v. Meheranosh Boman Pithawalla (Plaintiffs No. 2)

Bombay HC14 Jul 2016PS/9/2016

Case brief

AI extract

What is this about?

This judgment decrees a suit for divorce by mutual consent filed by a Parsi couple who were married in 2004, lived separately for over a year, and filed consent terms before the court

What did the court decide?

The marriage of the parties is dissolved by mutual consent and a decree in accordance with the Consent Terms annexed at Exhibit B is granted.

Tarana Mehernosh Pithawalla (Plaintiffs No. 1) Vs… — Matrimonial and Divorce | Bombay HC (2016)

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904-PS-9-2016.DOC

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JSN

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

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PARSI SUIT NO.9 OF 2016

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Tarana Mehernosh Pithawalla…Plaintiff No.1
And
Mehernosh Boman Pithawalla…Plaintiff No.2

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Mr. Nilufer B. Gadiwalla,i/b C.J. Pooniwala for Plaintiffs Nos. 1 and
2.

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CORAM: G.S. PATEL, J DATED: 14th July 2016

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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. The 1st Plaintiff is
the wife. The 2nd Plaintiff is the husband. Both are present in
Court.

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2.The parties were married on 2nd March 2004 in Mumbai.
They have no children. After marriage both Plaintiffs lived together
as man and wife at the 2nd Plaintiff’s residence at Godrej Baug, 4th
Floor, Off Nepean Sea Road, Mumbai 400 026.

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3.With the passage of time, the Plaintiffs found themselves to
be incompatible. They were unable to reside together. By February
2008 their differences had sharpened. They attempted to resolve

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Page 1 of 3

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14th July 2016

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904-PS-9-2016.DOC

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these, but without success. In November 2014, 1st Plaintiff left the
matrimonial home and began residing with the parents.

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4.Both Plaintiffs have lived separately for more than a year
before the filing of the Suit.

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5.The Plaintiffs have now decided by mutual agreement to
dissolve their marriage. They have drawn up Consent Terms that
are annexed as Exhibit “B” to the Plaint. I have seen these Consent
Terms. Clause 1 provides that neither of the Plaintiffs have a
demand against the other. Clause 2 provides that all exchanges of
jewellery and other issues have been mutually settled before the Suit
was filed. Finally, Clause 3 provides that neither party will have any
further claim on the other hereafter.

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6.I am satisfied that the Suit is filed by the parties of their own
volition and that there is no element of force, fraud, coercion, undue
influence or collusion between the parties.

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7.Both parties have tendered Affidavits in lieu of Examination
in Chief, in which they confirm the correctness of what is stated in
the Plaint.

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8.In view of this, the Suit is decreed in terms of prayers (a) and
(b). The marriage of the parties is dissolved by mutual consent.
There will also be a decree in accordance with the Consent Terms
annexed at Exhibit “B” to the Plaint.

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Page 2 of 3

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14th July 2016

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904-PS-9-2016.DOC

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9. Issuance of a drawn up decree is expedited.

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

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(G. S. PATEL, J.)

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Page 3 of 3
14th July 2016

Tarana Mehernosh Pithawalla (Plaintiffs No. 1) v. Meheranosh Boman Pithawalla (Plaintiffs No. 2)

Case brief

What is this about?

What did the court decide?

Tarana Mehernosh Pithawalla (Plaintiffs No. 1) v. Meheranosh Boman Pithawalla (Plaintiffs 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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