Jenifer Hector Anklesaria v. Hector Sarosh Anklesaria

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO. 13 OF 2015 Jenifer Hector Anklesaria ...Plaintiff No.1 And Hector Sarosh Anklesaria ...Plaintiff No.2 Ms. Radhika Mehta, i/b Narayana Babu Suvarna, for the Plaintiffs. CORAM: G.S. PATEL, J DATED:

16th September 2015 1.

This is a Petition for divorce by mutual consent under Section 32-B of the Parsi Marriage and Divorce Act, 1936. Both parties are personally present in Court.

2.

The 1st Plaintiff is the wife. The 2nd Plaintiff is the husband. They were married on 9th November 2009 at Albless Baug, Churni Road, Mumbai - 400 004 according to Zoroastrian rites and customs. This was the first marriage for both. They have no children.

3.

After marriage both the Plaintiffs lived as man and wife at B8, Ground Floor, Navroz Baug, Dr. S.S. Rao Road, Lalbaug,

Mumbai - 400 012. With time, the Plaintiffs found themselves to be incompatible. Several differences arose between them. Despite their efforts and those of friends and family, these differences could not be resolved. On 16th May 2014 the 1st Plaintiff left the matrimonial residence and began residing at 18, Mehru Mansion, 2nd Floor, M.P. Agyiari Lane, Balaram Street, Grant Road, Mumbai - 400 007 with her parents.

4.

The Plaintiffs have lived apart for more than a year prior to the filing of the Suit. They have now agreed to take a divorce by mutual consent. They have drawn up consent terms in regard to alimony and other issues. These consent terms are signed by both the Plaintiffs and annexed as Exhibit "B" to the plaint. I have seen the Consent Terms and they seem in order. The statements and undertakings are accepted as undertakings to the Court. 5.

Both Plaintiffs are personally present in Court. They have each filed an Affidavit in lieu of examination in chief in which they confirm the correctness of what is stated in the plaint. I am satisfied that there is no force, fraud coercion or undue influence nor any delay in filing the Suit. There is no impediment to the grant of reliefs.

6.

The Suit is accordingly decreed in terms of prayer clauses (a) and (b). The marriage of the parties is dissolved under Section 32-B of the Parsi Marriage and Divorce Act, 1936. There will also be a decree in accordance with the Consent Terms Exhibit "B" to the Plaint.

7.

Decree to be drawn up accordingly.

8.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) CERTIFICATE "Certified to be true and correct copy of the original si gned Judgment/Order.

"