Kayzad Faredun Dadachanji v. Kamal Kayzad Dadachanji

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IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY

PARSI SUIT NO.02 OF 2019 Kayzad Faredun Dadachanji ..Plaintiff No.1 And Kamal Kayzad Dadachanji ..Plaintiff No.2 Mr. Roshan Yadav for Plaintiffs Mr. Kayzad Faredun Dadahanji Plaintiff No.1 present Mrs. Kamal Kayzad Dadachanji Plaintiff No.2 present CORAM : K.R.SHRIRAM, J.

DATE : 18th FEBRUARY, 2019 P.C.:

Name : Kayzad Fardeun Dadachanji (Plaintiff No.1) Age : 30 years Occu. : Service Residing at : 19/A, 1404, Sarvoday CHS., Bimbisar Nagar, Goregaon (E) Mumbai 500 065 On S.A.

Further examination in chief of Plaintiff No.1 by Mr. Roshan Yadav for Plaintiffs:- I say that that I have signed an affidavit dated 16th February, 2019. I identify my signature. Contents thereof are correct. Affidavit is taken on record and marked as Exh.P-1. No cross-examination.

2/4 Name : Kamal Kayzad Dadachanji (Plaintiff No.2) Age : 30 years Occu. : Service Residing at : Salina Apts, B-108, Rangnath Kedar Road, Dahisar (E) Mumbai 500 068 On S.A.

Further examination in chief of Plaintiff No.2 by Mr. Roshan Yadav for plaintiffs:- I say that I have signed an affidavit dated 16th February, 2019. I identify my signature. Contents thereof are correct. Affidavit is taken on record and marked as Exh.P-2. No cross-examination.

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 and the 2nd Plaintiff is the wife. They were married on 15th May 2016 according to the Parsi Zoroastrian rites and customs and this was the first marriage for both. There are no issues out of this marriage. After marriage, both lived as husband and wife at 19/A, 404, Sarvoday CHS Ltd., Bimbisar Nagar, Goregaon (East) Mumbai 400 065.

Though their marriage was normal in the beginning but over time, they realized that they were totally incompatible as their outlook on

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In view of the above, Plaintiff No.2 moved away on 14th October 2017 out of the matrimonial home and started residing at Salina Apts, B-108, Rangnath Kedar Road, Dahisar (E) Mumbai 400 068. Plaintiff No.1 and Plaintiff No.2 since then have been residing separately and despite their best to make the marriage work, they have been unable to do so. The Consent Terms, dated 5th January 2019 between the parties is annexed at Exh.'B' to the plaint. It is also stated in the Consent Terms that all their personal belongings, gifts, jeweleries etc. which were presented at the time of marriage and other belongings owned by them jointly have already been exchanged and no exchange of any articles is pending between them.

It is also stated in the Consent Terms that as both the Plaintiffs are gainfully employed, they do not claim any alimony from each other nor do they intend to do so at any time in future notwithstanding any change of circumstance and also undertake not to file any other proceedings civil or criminal against each other. The statements in the consent terms are accepted as undertaking to this Court.

I do not find any impediment to the grant of relief. Therefore, the marriage of the parties is dissolved by mutual consent. The suit is

4/4 decreed in terms of prayer clauses (a) and (b). Decree be drawn up expeditiously.

All concerned to act on a copy of this order authenticated by the Associate of the Court.

(K.R. SHRIRAM, J.)