Diana Erezwand Mody v. Erezwand Xerxes Mody

905-PS20-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO. 20 OF 2016 Diana Erezwand Mody ...Plaintiff No. 1

Versus

Erezwand Xerxes Mody ...Plaintiff No. 2 Ms. Sanober Nanavati, for both the Plaintiffs. CORAM: G.S. PATEL, J DATED:

20th December 2016 PC:- 1.

This is a Suit for divorce by mutual consent under Section 32B of the Parsi Marriage and Divorce Act, 1932. The 1st Plaintiff is the wife. The 2nd Plaintiff is the husband. They were married on 6th October 2012 in Mumbai according to the Zoroastrian rights and customs. This was the first marriage for both. They have no children.

2.

After marriage the Plaintiffs lived together as man and wife at the husband's residence at Princess Street, Mumbai. 3.

Over time differences grew between the parties. They were unable to resolve these despite all best efforts and intervention of friends and family. In August 2015, the parties separated. They have 20th December 2016

905-PS20-16.DOC not lived together since. The wife has moved out to her parents' home in Dadar.

4.

The parties have now decided to dissolve their marriage by mutual consent. They have been living apart for more than one year before the filing of this Suit.

5.

They have also arrived at Consent Terms which are at Exhibit "B" to the plaint. I have seen the Consent Terms. They are in order. I am satisfied that they are not contrary to law or vitiated by fraud, force or undue influence of any kind. The Consent Terms seem have been drawn by the parties of their own volition in reflection of their true intentions.

6.

Both parties are present in Court. They tender Affidavits of Evidence, in which they confirmed the correctness of what is stated in the plaint.

7.

The Suit is decreed in terms of prayer clauses (a) and (b). The marriage of the parties is dissolved by mutual consent. There will also be a decree in terms of the Consent Terms annexed as Exhibit "B" to the plaint.

8.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 20th December 2016