Sam Shapoor Irani v. Naomi Sam Irani

913-JO-126-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION JUDGE'S ORDER NO.126 OF 2016 IN PARSI SUIT NO.14 OF 2016 Mr. Sam Shapoor Irani ...Plaintiff

Versus

Mrs. Naomi Sam Irani ...Defendant Ms. Sanobar Nanavati, for the Plaintiff.

CORAM: G.S. PATEL, J DATED:

14th July 2016 PC:- 1.

Ms. Nanavati on behalf of the Plaintiff seeks leave under Section 29(3) of Parsi Marriage and Divorce Act 1936 to sue the Defendant in this Court.

2.

Section 29 (3) of the Act read thus :

29.

Courts in which Suits to be brought.

(3) In any case, whether the Defendant resides in the territories to which this Act extends or not, such Suit may be brought in the Court at the place where the Plaintiff resides or at the place where Plaintiff and 14th July 2016

913-JO-126-2016.DOC Defendants last resided together, if such Court, after recording its reasons in writing, grants leave to do so. 3.

The Plaintiff's case is that the parties were married in Mumbai. The Plaintiff lives in Mumbai. The Plaintiff and Defendant last resided together as man and wife in Mumbai, and this is stated from paragraphs 4 to 12. It is only in August or September 2014 that, according to Plaintiff, the Defendant left the Plaintiff as also Mumbai and went to live with her parents in Panchgani.

4.

I am satisfied that this is sufficient reason for the grant of leave.

5.

Leave granted.

6.

List the Suit for directions in the forthcoming Parsi Chief Matrimonial Session.

7.

Liberty to the Plaintiff to apply for interim reliefs. (G. S. PATEL, J.) 14th July 2016