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Bombay High CourtPS/1/2024absolute

Anahita Porus Hakim v. Porus Jamshed Hakim

2024-06-13Hon'Ble Shri Justice Abhay Ahuja2 pages

904. PS 1-24.doc

IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY

PARSI SUIT NO. 1 OF 2024 Anahita Porus Hakim ...Plaintiff No. 1 V/s.

Porus Jamshed Hakim ...Plaintiff No.2 Mr. Pervez M. Rustomkhan, Advocate for the Plaintiff No.1 Porus Jamshed Hakim, Plaintiff No.2, in person.

CORAM

:

ABHAY AHUJA, J.

DATE :

13th JUNE, 2024 P.C. :

1.

This Parsi Suit has been filed for divorce under Section 32-B of the Parsi Marriage and Divorce Act, 1936. (the "PMD Act") by mutual consent of Plaintiff No. 1 and Plaintiff No.2. 2.

At the outset, when the matter is called out, Mr. Rustomkhan, learned Counsel for the Plaintiff No.1, would submit that in the affidavit of evidence of Plaintiff No.1, through inadvertence the name of the Agiary, where Plaintiff No.1 and Plaintiff No.2 got married has been erroneously mentioned as "Sethna Agiary Hall, Opp. Bhatia Hospital, Tardeo Road, Mumbai-400 007" instead of "Vatcha Gandhi Digitally signed by NIKITA YOGESH GADGIL Date:

2024.06.13 16:14:32 +0530 NIKITA YOGESH GADGIL Agiary Hall, Hughes Road, Mumbai-400 007" and that this Court may permit the error to be corrected by way of an amendment. Nikita Gadgil 1/2

904. PS 1-24.doc 3.

A perusal of the certificate of marriage at page 18 does indicate that the place of marriage is Vatcha Gandhi Agiary Hall, Hughes Road, Mumbai-400 007. Accordingly, let the amendment be carried out forthwith. Let the amended copy of the affidavit of evidence of Plaintiff No. 1 dated 8th January, 2024, be served on the Plaintiff No.2, who statedly is a party appearing in person.

4.

On a query from this Court, whether the Committee of this Court has approved the Plaintiff No. 2 to appear as party in person, this Court is informed that that is yet to be done. Accordingly, let an application be made before the concerned Committee of this Court by the Plaintiff no. 2 viz. Porus Jamshed Hakim, to appear in the matter as party in person and to conduct the proceedings. Needless to state that the Plaintiff No. 2 is always has liberty to appoint an advocate in the matter.

5.

Accordingly, list on 4th July, 2024.

(ABHAY AHUJA, J.) Nikita Gadgil 2/2