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Bombay High CourtPS/3/2015consent term

Mr.Ashdin Mackey Pithawala (Plaintiff No.1) v. Mrs. Kainaaz Ashdin Pithawala (Plaintiff No.2)

2015-03-24Hon'Ble Shri Justice G.S. Patel2 pages

913-PS-3-15.DOC Sharayu

IN THE PARSI CHIEF MATRIMONIAL COURT AT

MUMBAI SUIT NO. 3 OF 2015 Mr. Ashdin Mackey Pithawala ...Plaintiff No. 1 And Mrs. Kainaaz Ashdin Pithawala ...Plaintiff No. 2 Mr. Ajay Talreja, for the Plaintiff No. 1.

Mr. Ashish Sharma, for the Plaintiff No. 2.

CORAM: G.S. PATEL, J DATED:

24th March 2015 PC:- 1.

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. The 2nd Plaintiff is the wife. They are both present in Court. The Plaintiffs were married at Mumbai on 1st March 2013 in accordance with Zoroastrian rites and customs. After marriage they lived together at the 1st Plaintiff's residence at Lalbaug, Mumbai till August 2013.

2.

During their time together as husband and wife, differences arose between the Plaintiffs. They found themselves to be incompatible. In August 2013, the 2nd Plaintiff left the matrimonial home and started residing with her father at Tardeo, Mumbai.

913-PS-3-15.DOC 3.

The Plaintiffs have no children. They have been living apart for more than one year prior to the filing of the Suit. They have been unable to resolve their differences.

4.

The Plaintiffs have filed their respective Affidavits in lieu of Examination-in-Chief. These are taken on record. 5.

The Plaintiffs have also arrived at Consent Terms. These are annexed at Exh.B to the Suit. I have seen the Consent Terms. They are in order. They are signed by both parties and their Advocates. The Consent Terms are taken on record. Undertakings in the Consent Terms are accepted as undertakings to the Court. 6.

In this view of the matter, the marriage of the parties is dissolved under Section 32-B of the Parsi Marriage and Divorce Act, 1936. There will also be an order and decree in accordance with the Consent Terms, Exh.B to the Plaint. Drawn up decree is dispensed with.

7.

All concerned to act on authenticated copy of this order. (G. S. PATEL, J.)