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Bombay High CourtPS/9/2015consent term

Arnaz Jimmy Bhathena-Plaintiff No.1 v. Jimmy Noshir Bhathena-Plaintiff No-2

2015-05-07Hon'Ble Shri Justice G.S. Patel2 pages

901-PS-9-15.DOC Sharayu.

IN THE PARSII CHIEF MATRIMONIAL COURT

AT BOMBAY PARSI SUIT NO. 9 OF 2015 Arnaz Jimmy Bhathena ...Plaintiff No. 1 And Jimmy Noshir Bhathena ...Plaintiff No. 2 Mr. F.D. Contractor, for the Plaintiff No. 1. Mr. R.M. Rustomkhan, for the Plaintiff No. 2. CORAM: G.S. PATEL, J DATED:

7th May 2015 PC:- 1.

This is a Suit for divorce under Section 32-B of the Parsi Marriage and Divorce Act, 1936. The 1st Plaintiff is the wife and the 2nd Plaintiff is the husband. Both are personally present in Court.

2.

The parties were married on 23rd January 2014 in Mumbai according to Zoroastrian rites and customs. Plaintiff No. 1 is domiciled in Maharashtra, whereas Plaintiff No. 2, the husband, was domiciled in Gujarat. The Plaintiffs have no children.

901-PS-9-15.DOC 3.

Following, the marriage the Plaintiffs lived together as man and wife at the 2nd Plaintiff husband's residence in Surat. They soon found themselves to be incompatible. Over time, differences arose between them. On 26th February 2014 the Plaintiff No. 1 went to reside with her parents at Lalbaug, Mumbai. She has lived there since.

4.

The parties have attempted to resolve their differences, but without success. They have agreed to take a divorce by mutual consent. They have also arrived at Consent Terms, and these are annexed as Exh.B to the Plaint. These are signed by the parties and their respective Advocates. I have seen these Consent Terms and they are in order.

5.

The parties have been living apart for more than one year prior to the presentation of this Suit.

6.

Both parties have filed Evidence Affidavits and have attested to the correctness of these in Court today.

7.

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 Consent Terms annexed at Exh.B to the Plaint. Decree be drawn up accordingly. 8.

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