Parizad Kutar Nee Parizad Billimoria v. Kaikhushru Kutar

24-PS11-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO. 11 OF 2015 Parizad Kutar Nee Parizad Billimoria ...Plaintiff

Versus

Kaikhushru Kutar ...Defendant Ms. Debarati Nag Rai Choudhari, for the Plaintiff. Mr. Kaikhushru Kutar, Defendant in person.

CORAM: G.S. PATEL, J DATED:

10th August 2015 PC:- 1.

The Suit was originally filed seeking a decree of judicial separation under Section 34 of the Parsi Marriage & Divorce Act, 1936 on the ground of cruelty.

2.

The Plaintiff is the wife and the Defendant is the husband. They were married in Mumbai on 18th December 1990, according to Zoroastrian Rites and Customs. They have a daughter, Ayesha. She is today 22 years old.

3.

Both parties are personally present in Court. They have each filed Affidavits in lieu of examination in chief. They have also filed

24-PS11-15.DOC consent terms signed by both. These are taken on record and marked "X" for identification. Undertakings in the consent terms are accepted as undertakings to the Court. In the consent terms, the Plaintiff has withdrawn all allegations made against the Defendant. For his part, the Defendant has agreed not to contest the Suit. 4.

In view thereof, there will be a decree of judicial separation under Section 34 of the Parsi Marriage & Divorce Act, 1936. No order as to costs.

5.

Decree to be drawn up accordingly.

(G. S. PATEL, J.)