Farhad Bejan Minocher v. Daeena Sarkari Also Known As Diana Farhad Minocher

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO.3 OF 2021 Farhad Bejan Minocher .. Plaintiff no.1 And Daeena Sarkari .. Plaintiff no.2 Mrs. Armaity S. Khushrushahi a/w Ms. Nerissa M. Almeida for the plaintiffs.

CORAM : A. K. MENON, J.

TH FEBRUARY, 2021.

DATED : 4 P.C. :

1. This is a suit filed under Section 32B of the Parsi Marriage and Divorce Act, 1936. In paragraph 7, the plaintiffs have stated that they have been living separately for more than year i.e. with effect from 30 th November, 2016. For the reasons set out in the plaint, they seek that their marriage may be dissolved under Section 32B of the said Act.

2. In the consent terms filed along with the suit, the 1 st plaintiff has agreed to pay to the 2 nd plaintiff a sum of Rs.10,000/- p.m. for a period of 12 months commencing from January 2021 to Sandhya Wadhwa December 2021. The remittance is required to be directly made Sandhya Wadhwa Date: 2021.02.05 13:37:03 +0530 1/2 11.ps-3-21.doc wadhwa

to the 1 st plaintiff's bank account before the 15 th of each month.

3. The learned counsel for the plaintiff states that first installment has already been paid. Affidavits of evidence have also been filed today. Both the deponents are present. On examination they confirm the contents of the affidavits of evidence.

4. On a query from the court, they confirm that there is no chance of any reconciliation and that their marriage be accordingly dissolved.

5. In view of the aforesaid, I pass the following order; (i) Suit is decreed in terms of prayer clauses (a) and (b). (ii) The marriage between the plaintiffs solemnized on 24 th November, 2009 as set out in certificate of marriage at Serial No. 154/2009 is hereby dissolved.

(iii) The plaintiff no.1 is ordered in decreed to pay the sum of Rs.10,000/- p.m. towards maintenance from January 2021 to December 2021 both include as set out in the consent terms. (iv) Suit is disposed in the above terms.

(v) No orders as to costs.

(A. K. MENON, J.) 2/2 11.ps-3-21.doc wadhwa