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Bombay High CourtPS/10/2015consent term

Yazad B Karai ( Plaintiff-1) v. Benaifer Y Karai (Plaintiff-2)

2015-05-08Hon'Ble Shri Justice G.S. Patel2 pages

905-PS-10-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO. 10 OF 2015 Yazad B Karai ...Plaintiff No.1

Versus

Benaifer Y. Karai ...Plaintiff No. 2 Mrs. Armaity S. Khushrushani, for Plaintiff No. 1. Mrs. Taubon Irani , for Plaintiff No 2.

CORAM: G.S. PATEL, J DATED:

8th May 2015 PC:- 1.

This is a petition 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 were married on 23rd February 2014 in Mumbai according to the Zoroastrian Rites and Customs. This was the first marriage for both. They have no children.

2.

Immediately after the marriage, both Plaintiffs lived and resided together with the 1st Plaintiff's parents at Rustom Baug, Mumbai 400 027. However, it seems that within a very short time after marriage, disputes and differences arose between the

905-PS-10-15.DOC Plaintiffs. They were unable to reconcile these differences despite the intervention of family and friends. On 10th April 2015, the 2nd Plaintiff wife left the Rustom Baug house and went to reside at Lokhandwala, Andheri (West), Mumbai 400 053. She lives there even today.

3.

The parties have agreed to take a divorce by mutual consent. They have also arrived at Consent Terms, and these are annexed as Exhibit "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. Undertakings in the consent terms are accepted as undertakings to the Court.

4.

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

5.

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

6.

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 Exhibit "B" to the Plaint. Decree to be drawn up accordingly. 7.

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