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Bombay High CourtIA/1640/2021disposed off

Rehaan Nozer Bharucha v. Jennifer Rehaan Bharucha

2021-12-21Hon'Ble Shri Justice A. K. Menon2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION [ IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY ] INTERIM APPLICATION NO.1640 OF 2021 IN PARSI SUIT NO.12 OF 2021 Rehaan Nozer Bharucha .. Plaintiff And Jennifer Rehaan Bharucha .. Defendant ALONG WITH COUNTER CLAIM (LODGING) NO.23437 OF 2021 IN PARSI SUIT NO.12 OF 2021 Rehaan Nozer Bharucha .. Applicant And Jennifer Rehaan Bharucha .. Respondent Mr. Pervez Rustom Khan, with Ms. Nerissa M. Almeida, i/by Mrs. Armaity S. Khushrushahi, for the Plaintiff-Respondent in Counter Claim. Mrs. Taubon F. Irani, with Ms. Sachi Lodha, for the Defendant-Applicant in Counter Claim.

CORAM : A. K. MENON, J.

ST DECEMBER, 2021.

DATE : 21 P.C. :

1.

The suit, as originally filed, seeks dissolution of the marriage between plaintiff and defendant on the ground of cruelty, for permanent custody of the minor child and, pending the disposal of the suit, for interim custody and 1/2 8-IA-1640-2021.doc Dixit

visitation rights. During the pendency of the Suit No.24 of 2021, the parties have arrived at a decision to dissolve their marriage by mutual consent. 2.

There is a counter claim filed by the defendant in the present suit being Counter Claim (Lodging) No.23437 of 2021. By virtue of the decision to dissolve the marriage by consent, the counter-claim is also not being pressed. A fresh suit has been filed under Section 32-B of the Parsi Marriage and Divorce Act, 1936 being Suit No.24 of 2021. The suit said is listed for hearing and final disposal today by consent of parties. 3.

In view thereof, on the application of the parties, I pass the following order :- (i) Suit No.12 of 2021 is disposed as withdrawn.

(ii) Upon withdrawal of the suit, Counter Claim is also withdrawn.

(iii) In view of the disposal of the suit and counter-claim, all interim applications, if any, stand withdrawn and interim orders, if any, stands vacated.

(A.K. MENON, J.) 2/2 by SNEHA ABHAY DIXIT Date:

2021.12.22 17:38:37 +0530 SNEHA ABHAY DIXIT 8-IA-1640-2021.doc Dixit