Dinyar Naozar Bhomisha v. None

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO. 5 OF 2026 Dinyar Naozar Bhomisha ....Plaintiff No.1 And Karina Sorab Patel ....Plaintiff No.2 Ms. Taubon Irani, for Plaintiff No.1.

Ms. Nerissa Almeid, for Plaintiff No.2.

CORAM:

SOMASEKHAR SUNDARESAN, J.

DATE:

ORDER :

1.

The Plaintiff Nos.1 and 2 have filed the present Suit seeking Decree of Divorce by mutual consent for dissolution of the marriage under Section 32B of the Parsi Marriage and Divorce Act, 1936.

2.

The Plaintiffs were married on February 17, 2024, at Seth Jeejeebhoy Dadabhoy Agiary, Colaba, Mumbai, in accordance with Section 6 of the Parsi Marriage and Divorce Act, 1936. Suffice it to say, the captioned Suit falls within the territorial jurisdiction of this Court. 3.

There is no offspring of the couple, and therefore, there is no question of custody involved in these proceedings.

4.

Owing to estrangement and irreconcilable differences, the Plaintiffs have been residing separately since February 2025. The couple has now amicably resolved the inter se disputes and have executed Consent Terms dated April 24, 2026 ("Consent Terms"), which is marked 'X' for identification and taken on record.

5.

The Plaintiff Nos. 1 and 2 have also filed their respective affidavits, dated April 24, 2026, and April 22, 2026. The same are also taken on record and marked 'X-1' and 'X-2' for identification. 6.

Having considered the averments in the Suit and the statements made on oath, I am satisfied that the requirements of Section 32B of the Parsi Marriage and Divorce Act, 1936, are fulfilled and that the Suit deserves to be allowed.

7.

The Suit is accordingly allowed granting divorce in terms of prayer clauses (a) and (b).

8.

Hence the following order is passed:

i.

The marriage solemnized between the Plaintiff Nos.1 and 2 on February 17, 2024, at Seth Jeejeebhoy Dadabhoy Agiary, Colaba, Mumbai, is hereby dissolved under Section 32B of the Parsi Marriage and Divorce Act, 1936, in terms of the Consent Terms now forming part of the record;

ii.

The Suit is decreed in terms of prayer clauses (a) and (b);

iii.

The Decree of Divorce shall be drawn up accordingly and the Advocates for the parties shall approach the Registry to have the same issued;

iv.

The captioned Parsi Suit No. 5 of 2026 stands finally disposed of.

9.

All actions required to be taken pursuant to this Order shall be taken upon receipt of a downloaded copy as available on this Court's website. [ SOMASEKHAR SUNDARESAN, J.]