Rukhshana Darayus Bhoja (Plaintiff No.1) v. Darayus Minoo Bhoja (Plaintiff No.2)

Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO. 4 OF 2018 Rukhshana Darayus Bhoja ...Plaintiff No. 1

Versus

Darayus Minoo Bhoja ...Plaintiff No. 2 Ms Nilufer B Gadiwalla, for Plaintiffs Nos. 1 & 2. CORAM: G.S. PATEL, J DATED:

PC:- 1.

This is a Parsi Suit for divorce by mutual consent under Section 32-B of the Parsi Marriage and Divorce Act 1936. 2.

The 1st Plaintiff is the wife. The 2nd Plaintiff is the husband. They were married on 6th November 1998 in Navsari according to Parsi Zoroastrian rights and customs. This was the first marriage for both.

3.

After marriage, they cohabited as man and wife at an address in Vasai. They have last resided together at Room No. 15, Godrej Building, Contractor Baug, Mori Road, Mahim (West), Mumbai 400

4.

After some time, the Plaintiffs found themselves incompatible. Several differences arose between them. They could not resolve these even with the intervention of family and friends. Ultimately in December 2016 the 1st Plaintiff went to reside with her mother at Princess Street, Mumbai.

5.

The parties have a son Ruhashad from this marriage. He is now 18 years old. He lives with the 2nd Plaintiff. He is currently studying.

6.

The Plaintiffs have been living apart for more than one year prior to the filing of the Suit.

7.

The Plaintiffs have drawn Consent Terms. They are annexed as Exhibit "B" to the plaint. These are signed by both the parties. The Consent Terms are in order. I am satisfied that the consent of the parties to the Suit is not vitiated by fraud, force or coercion or collusion. The undertakings in the Consent Terms are accepted as undertakings to the Court.

8.

There is no delay in bringing the Suit. There is no impediment to the grant of relief. Both the Plaintiffs are present in Court. They have filed Affidavits of Evidence. These are taken on record.

9.

The Suit is decreed in terms of prayer clauses (a) and (b).

10. The marriage of the parties is dissolved by mutual consent under Section 32-B of the Parsi Marriage and Divorce Act 1936. There will also be a decree in terms of the Consent Terms, i.e. Exhibit "B" to the plaint.

11. Drawn up decree expedited.

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