Mr. Pervez Soli Sakkai (Plaintiff 1) v. Mrs. Diana Bhikhaji Besania (Plaintiff 2)

ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO. 15 OF 2016 Mr. Pervez Soli Sakkai ...Plaintiff No. 1 And Mrs. Diana Bhikhaji Besania ...Plaintiff No. 2 Mr. Jairam Chandnani, for the Plaintiffs.

CORAM: G.S. PATEL, J DATED:

PC:- 1.

This is a Suit for divorce by mutual consent under Section 32B of the Parsi Marriage & Divorce Act, 1936. The 1st Plaintiff is the husband. The 2nd Plaintiff is the wife. They were married in Mumbai on 8th December 2012. This was the first marriage for both.

2.

After marriage, the parties lived as husband and wife at Bhiwandiwalla Terrace, J.S.S. Road, Dhobi Talao, Mumbai 400 002. The parties do not have any children.

3.

The parties state that at first their relations were cordial and amicable, but with time they found themselves unable to adjust with each other. There was increasing friction and discord between them.

This ultimately resulted in a physical separation. They have been living apart since 13th January 2015. They have not cohabited or have any relations since them.

4.

The parties say that they have been unable to reconcile their differences. All attempts at reconciliation by family and friends have also failed. The parties have, therefore, decided to dissolve their marriage by mutual consent. They have do so of their own volition without any coercion or pressure.

5.

They have also drawn up Consent Terms which are annexed as Exhibit "B" to the Plaint. These Consent Terms are signed by both the parties. Each side has agreed not to have any claim against the other. They confirmed that whatever they have to receive and collect from each other, have been done. They have given up all claims against each other.

6.

I am satisfied that the Consent Terms are not contrary to law, that they reflect the true intention of the parties' and have been drawn by the parties of their own volition. The undertakings in the Consent Terms are accepted as undertakings to the Court. 7.

There is no impediment to the grant of the relief sought. 8.

The Suit is decreed in terms of prayer clauses (a) and (b).

9.

On their joint request, and by consent, the marriage of the parties is dissolved by mutual consent under Section 32B of the Parsi Marriage & Divorce Act, 1936.

10. Drawn up decree expedited.

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