Phiroza Viraf General v. Viraf Vispi General

906-PS17-16.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO. 17 OF 2016 Phiroza Viraf General ...Plaintiff No. 1 And Viraf Vispi General ...Plaintiff No.2 Ms. A. S. Khushrushahi, for the Plaintiffs.

CORAM: G.S. PATEL, J DATED:

17th November 2016 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 wife. The 2nd Plaintiff is the husband. They were married on 18th December 2014 in Mumbai according to Zoroastrian rites and customs. This was the first marriage for both. 2.

After marriage they lived together as man and wife at M/4, Godrej Baug, 1st Flor, Mumbai 400 026 with the 2nd Plaintiff's parents. The parties have no children.

3.

A few months after marriage, in early 2015, irrevocable differences came up between the Plaintiffs. They were unable to reconcile. They could not adjust to a life together. They drifted 17th November 2016

906-PS17-16.DOC apart. On 15th August 2015, the 1st Plaintiff wife left the matrimonial home and began living with her parents at another house at Godrej Baug, Mumbai 400 026. The couple have been thus living apart from 15th August 2015 till date, i.e., for over a year. 4.

The parties have now decided to end their marriage with divorce by mutual consent. They have drawn up Consent Terms, and these are annexed at Exhibit "B" to the plaint. The Consent Terms are in order and make adequate provisions for matters such as maintenance and alimony.

5.

Both Plaintiffs are present in Court. They have both tendered Affidavits in lieu of examination-in-chief in which they confirmed the correctness what is stated in the plaint. I am satisfied that there is no element of force, fraud or coercion.

6.

There is no impediment to the grant of relief. The Suit is decreed in terms of prayer clauses (a) and (b). The marriage of the parties is dissolved by mutual consent. Drawn up decree expedited. 7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 17th November 2016