Farah Zubin Fitter v. Zubin Rushi Fitter

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO.5 OF 2021 Farah Zubin Fitter .. Plaintiff no.1 And Zubin Rusi Fitter .. Plaintiff no.2 Ms. Zenobia S. Irani for the plaintiffs.

CORAM : A. K. MENON, J.

DATED : 11TH MARCH, 2021.

P.C. :

1. This is a suit filed seeking divorce by consent under Section 32-B of the Parsi Marriage and Divorce Act, 1936. The plaintiffs were married on 31 st May, 1998 at Mumbai. The Certificate of Marriage bearing Serial No.129 of 1998 is annexed to the plaint.

2. It is the case of the plaintiffs that they have been living separately since March 2017 owning to serious differences. They have attempted to resolve these differences but have not been successful in doing so. Since March 2017 it became impossible to cohabit and to avoid any litigation they have mutually arrived 1/2 40.ps-5-21.doc wadhwa

at a settlement and agreed to dissolve the marriage.

3. There is one issue from the marriage who is a son born on 24 th June, 2000 and has since attained the majority. Neither of the plaintiffs have any claims against each other. The plaintiffs have appeared in Court today and have tendered their affidavits of examination-in-chief and affirm the contents thereof. They have confirmed that there is no reconciliation and have submitted to orders of the Court.

4. Accordingly, having heard the learned counsel for the plaintiffs, I pass the following order;

(i) By consent of parties, Suit is decreed in terms of prayer clause (a).

(ii) The marriage between the plaintiffs solemnized on 31 st May, 1998 is hereby dissolved.

(iii) Suit is disposed in the above terms.

(A. K. MENON, J.) Digitally signed by Sandhya Wadhwa Date:

2021.03.12 16:53:48 +0530 Sandhya Wadhwa 2/2 40.ps-5-21.doc wadhwa