Zinobia Meher Billimoria v. Meher Sarosh Billimoria

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO. 7 OF 2021 Zinobia Meher Billimoria ... Plaintiff no.1 and.

Meher Sarosh Billimoria ... Plaintiff no.2 Mr. Armaity S. Khushrushahi for the Plaintiffs. CORAM : A. K. MENON, J.

DATED : 30 th JUNE, 2021.

[THROUGH VIDEO CONFERENCE] P.C. :

1.

The plaintiffs have filed the suit seeking a decree of divorce by consent under section 32-B of the Parsi Marriage and Divorce Act, 1936. The marriage between the plaintiffs was solemnised on 31 st December, 2001. The Certificate of Marriage under Section VI of Act III of 1936 dated 2 nd January, 2002 has been produced before this Court today. The same records the fact of marriage between the plaintiffs. The plaintiffs have since cited the differences between them which has caused them to reside separately from th February, 2020. They confirm that several efforts have been made to reconcile differences but it has not been possible to do so. There are no issues from the marriage. The parties have also arrived at Consent terms which are annexed to the plaint.

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2.

Considering the averments in the plaint and having considered the affidavit of evidence filed by both the plaintiffs dated 11 th March, 2021 I am of the view that the suit is liable to be decreed. Accordingly I pass the following order :

(i) Suit is decreed in terms of prayer clause (a) and in terms of the consent terms marked Exhibit-B.

(ii) The Marriage of Zinobia Meher Billimoria and Meher Sarosh Billimoria solemnized on 31 st December, 2001 stands dissolved.

(iii) Suit is disposed in the above terms.

(A. K. MENON, J.) 2/2 1-PS-7-2021.odt rrpillai