The Court approved consent terms between a married couple seeking divorce under Section 32-B of the Parsi Marriage and Divorce Act, 1936, by mutual consent, including financial settlements with no further claims.
The marriage of the parties is dissolved under Section 32-B of the Parsi Marriage and Divorce Act, 1936.
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P2-PS23-13.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO. 23 OF 2013
Mrs. Parinaz Rustom Irani…Plaintiff
Versus
Mr. Rustom Sheriar Irani…Defendant
Mrs. Taubon Irani, for the Plaintiff.
Mr. Rumi Mirza, for the Defendant.
CORAM: G.S. PATEL, J DATED: 19th September 2016
PC:-
1. Not on board. Mentioned. Taken on board.
2.This was a Suit that was contested. In fact, the trial had begun
and the Plaintiff-wife’s cross-examination had begun. At an earlier
point in time, Mrs. Irani, Mr. Mirza and I had all attempted to bring
the parties to a settlement. That was not found possible at that time.
3.I am glad to know that the parties have now settled their
differences. They have drawn up Consent Terms, which they
tender. These are signed by both the Plaintiff and the Defendant and
their respective Advocates. Both parties are present in Court. By
these Consent Terms, they seek to withdraw all allegations against
each other and to convert the Suit into one for divorce by mutual
Page 1 of 2
19th September 2016
P2-PS23-13.DOC
consent under Section 32-B of the Parsi Marriage & Divorce Act,
1936. Provisions are made for payment of a one time lump sum
alimony to the Plaintiff. Mr. Mirza has handed over two Demand
Drafts dated 14th September 2016 for Rs. 5 lakh each to the Plaintiff
in Court today. The Consent Terms also record that the parties are
in possession of their personal belongings and have no further
claims pending against each other.
4.I am satisfied that the Consent Terms are in order, have been
drawn by the parties of their own volition and reflect the parties’
true intention. The Consent Terms are taken on record and marked
“X” for identification. The undertakings in the Consent Terms are
accepted as undertakings to the Court.
5.The marriage of the parties is dissolved under Section 32B of
the Parsi Marriage and Divorce Act, 1936. The Suit will also stand
decreed in accordance with the Consent Terms.
6. Drawn up decree expedited.
(G. S. PATEL, J.)
Page 2 of 2
19th September 2016
1 issue framed by the court
Whether the consent terms for dissolution of marriage under Section 32-B of the Parsi Marriage and Divorce Act are valid and reflect the true intention of the parties.
1 provisions across 1 enactments
G. S. PATEL
J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court