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Bombay High CourtNMSP/8/2019disposed off

Arzan Sam Wadia (Plaintiff No.1) v. Shirin Kumaana-Wadia (Plaintiff No.2)

2019-10-16Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 7-NMSP8.19

IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY

NOTICE OF MOTION NO. 8 OF 2019 IN PARSI SUIT NO. 1 OF 2019 Arzan S. Wadia ..... Applicant

IN THE MATTER BETWEEN

Arzan S. Wadia ..... Plaintiff no.1

VERSUS

Shirin K. Wadia ..... Defendant Org.Plaintiff no.2 Ms.Armaity S. Khushrushahi, a/w. Ms.Nerissa M. Almeida for the Applicant/Plaintiff no.1.

Ms.Taubon F. Irani, a/w. Ms.Sachi Lodha for the Plaintiff no.2. CORAM :

R.D. DHANUKA, J.

DATE :

16th OCTOBER, 2019 P.C.

Ms.Irani, learned counsel for the defendant on instruction states that her client waives her right to claim alimony setout in the clauses 1, 3, 4 and 5 of the consent terms dated 8th January,2019 provided the applicant (original plaintiff) withdraws the allegations made against her client. Statement is accepted.

2.

Learned counsel for the applicant on instruction withdraws all the allegations made by the applicant i.e. the defendant in the affidavit in support of the notice of motion. Statement is accepted. 3.

In view of the defendant waiving her right to alimony set out in clauses 1, 3, 4 and 5 of the consent terms dated 8th January,2019 and in

kvm 2/2 7-NMSP8.19 view of the applicant withdrawing all her allegations against the defendant, notice of motion does not survive and is disposed off accordingly. Clauses 1, 3, 4 and 5 of the consent terms are modified by consent of parties. No order as to costs.

[R.D.DHANUKA, J.]