Allowed

Rustom Meherdaad Battliwala v. Armozee Rustom Battliwala

Bombay HC27 Jun 2022NMS/392/2018

Case brief

AI extract

What is this about?

The Court permitted the conversion of a Parsi Suit into a suit for divorce by mutual consent under Section 32B of the Parsi Marriage and Divorce Act, 1936, based on parties submitting consent terms resolving all disputes. The decree was granted in accordance with the terms covering alimony, maintenance, and custody.

What did the court decide?

Suit converted under Section 32B; Decree of divorce granted per consent terms; Other proceedings disposed; Office directed to draw decree within four weeks.

Rustom Meherdaad Battliwala Vs Armozee Rustom… — Child Custody and Guardianship | Bombay HC (2022)

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Digitally signed by PRAJAKTA PRAJAKTASAGARVARTAK SAGARVARTAKDate:2022.06.28 20:39:48 +0530

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2-custp 1-17 grp

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Prajakta Vartak

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

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PARSI SUIT NO. 25 OF 2017
 WITH
CUSTODY PETITION NO. 1 OF 2017

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WITH
COUNTER CLAIM NO. 3 OF 2018

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WITH
NOTICE OF MOTION (SUITS) (L) NO. 1591 OF 2017
WITH
INTERIM APPLICATION (L) NO. 5001 OF 2020
IN
CUSTODY PETITION NO. 1 OF 2017

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WITH
NOTICE OF MOTION NO. 392 OF 2018
IN
COUNTER CLAIM NO. 3 OF 2018
WITH
CONTEMPT PETITION (l) NO. 6382 OF 2021
IN
NOTICE OF MOTION (L) NO. 1591 OF 2017

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Rustom Meherdaad Battliwala …Plaintiff
V/s.
Armozee Rustom Battliwala … Defendant

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Ms. Taubon Irani with Mr. Vinay Kanodia and Ms. Sachi Lodha for
Plaintiff.

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Ms. Pooja Jalan with Airman Ansari for Defendant.

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CORAM :G.S. KULKARNI, J.
DATE :JUNE 27, 2022.

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P.C.:

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1.Learned counsel for the parties have tendered Consent Terms as
entered between the plaintiff and the defendant stating that the parties
have resolved all the disputes not only in the suit but in the other
proceedings filed against each other. They have also prayed that Parsi
Suit No.25 of 2017 be permitted to be converted into a suit for divorce

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2-custp 1-17 grp

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by mutual consent under Section 32B of the Parsi Marriage and Divorce
Act, 1936 (for short, “the Act”).

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2.Both the parties are present before the Court. They state that
before putting their signatures on the consent terms, they have carefully
gone through the consent terms and are agreeable to all the terms and
conditions as set out in the consent terms. Learned counsel for the
parties have also put their signatures on the consent terms. The consent
terms are accordingly taken on record and marked“X” for identification.

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3.A perusal of the consent terms makes it quite clear that the parties
have considered and addressed all necessary issues in agreeing for a
decree of divorce by mutual consent. There is an agreement on
permanent alimony. There are terms and conditions in regard to the
custody and access, maintenance, education expenses, travel etc. of son
Arhaan, age 12 years. The parties have set out in paragraph 5 of the
consent terms their prayer that the suit be converted into a petition
under Section 32B of the Act.

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4.In the above circumstances, having perused the consent terms as
also having interacted with the parties who are present in the Court, in
my opinion, the prayer as made by the parties for the proceedings of the
suit to be converted into a suit under Section 32B of the Act for a decree
of divorce by mutual consent, needs to be accepted.

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5.The consent terms record that a fair settlement is arrived between
the parties which is by their free will and consent as also agreed by them
before the Court. Admittedly, the parties are also living separately since
June 2016 and hence the statutory requirements essential under Section
32B of the Act for this Court to decree a Section 32B proceeding stand

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satisfied. The proceedings are accordingly required to be disposed of by
the following order:-

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ORDER

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i.The suit is permitted to be converted into a suit under Section 32B
of the Parsi Marriage and Divorce Act, 1936.

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ii.The suit is decreed in terms of the consent terms dated 24 June,
2022 (marked “X” for identification).

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iii.The undertakings as set out in the consent terms stand accepted.
iv.The parties clarify that TATA AIA Life Insurance policy as set out in
paragraph 10(d) and reference to the same in paragraph 11(c) is to the
one and same policy.

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v.An amount of Rs. 1,50,000/- which stands deposited with the
registry as stated in clause 7 of the consent terms, is permitted to be
withdrawn.

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vi.The petition is accordingly disposed of in terms of the consent
terms.

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vii.The other proceedings namely custody petition, counter claim,
contempt petition, notices of motion, interim application also would not
survive. They are accordingly disposed of by consent of the parties.
viii.Office is directed to draw a Decree of Divorce under Section 32B
of the Parsi Marriage and Divorce Act, 1936 between the plaintiff and
the defendant and make it available to the parties within a period of
four weeks from today.

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ix.The consequential entries in the register of marriage as
maintained by the Registrar of Parsi Marriages, High Court, Bombay be
also carried out after the decree is drawn up.

Rustom Meherdaad Battliwala v. Armozee Rustom Battliwala

Case brief

What is this about?

What did the court decide?

Rustom Meherdaad Battliwala v. Armozee Rustom Battliwala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

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