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1.PS.11-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PARSI SUIT NO. 11 OF 2017
Burzin Somandy ..Plaintiff No.1
And
Ayesha Somandy ..Plaintiff No.2
....
Mr.Sainand Chaugule, Advocate for the plaintiffs.
Plaintiffs No.1 and 2 are present in person.
....
CORAM : R. G. KETKAR, J.
DATE : 16th AUGUST, 2017
(In Chambers at 2:45 p.m.)
P.C.
1. Heard Mr.Sainand Chaugule, learned Counsel for the plaintiffs. Plaintiffs No.1 and 2 both are present in Chambers.
2. This is a Suit for divorce by mutual consent under Section 32-B of the Parsi Marriage & Divorce Act, 1936 (for short, 'Act'). Plaintiff No.1 is the husband and plaintiff No.2 is the wife. They were married on 28.3.1999 according to the Parsi Zoroastrian rites and customs. Plaintiff No.1 was then divorcee. Plaintiff No.2 was then a spinster.
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3. The parties have one daughter by name Ariana Somandy, who is presently aged about 16 years.
4. After the marriage both the plaintiffs cohabited and resided together at 12, Ganpat Niketan, 18 th Road, Khar (West), Mumbai - 400 052 and from 2012 at 31, Rajiv Apartments, Pali Hill, Bandra (W), Mumbai - 400 050. Sometime in/after the year 2012, serious differences arose between the plaintiffs giving rise to continuous tension in the matrimony. The plaintiffs realized that they were totally incompatible and their outlook on life and values of life were totally different. In the interest of their minor daughter, the plaintiffs decided to stay together.
5. As the time lapsed, it became abundantly clear that the plaintiffs were not suited to each other. The atmosphere between the plaintiffs in the house was hostile because of the serious differences between them. As it became impossible for the plaintiffs to continue living as husband and wife in conjugal cohabitation, sometime from July, 2013, although they lived under the same roof, they ceased to cohabit as husband and wife.
6. Even thereafter the plaintiffs made their best efforts to 2/4 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 15:59:58 ::: 3
1.PS.11-17.doc sort out their differences with the help and intervention of relatives, the same could not be resolved. The plaintiffs have ceased to cohabit as husband and wife which amounts to legal separation since July 2013 i.e. for more than a year before filing of present Suit till date. They tried their best to make their marriage work, but they have been unable to live together. Their marriage has broken down irretrievably with no possibility for reconciliation. The parties have, therefore, mutually agreed to obtain divorce under Section 32-B of the Act. They have arrived at consent terms at Exhibit-A dated 31.7.2017. Leave to amend clause-4 of the consent terms so as to delete the last portion, namely, "or future or even under changed circumstances" is granted. Amendment shall be carried out forthwith and initialed by the parties and their Advocate.
7. After perusing the consent terms, I am satisfied that they are in order and are not contrary to law. The consent terms appear to have been arrived at by the parties of their own volition in reflection of their true intention and wishes. The arrangements have been made in respect of custody of the daughter, her expenses, the articles, belongings, jewelery, valuables and other personal effects.
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8. Both the plaintiffs are personally present in the Court. They have tendered the affidavits in lieu of examination-in-chief in which they confirmed the correctness of what is stated in the plaint. After perusing the consent terms as also affidavits, I am satisfied that there is no element of force, fraud or coercion.
9. In the light of the aforesaid, there is no impediment to grant the reliefs. Hence the marriage of the parties is dissolved by consent. Suit is decreed in terms of prayer clauses (a) and (b) with no order as to costs. Decree be drawn up expeditiously.
10. All concerned to act upon the authenticated copy of this order. Order accordingly.
(R. G. KETKAR, J.) Deshmane (PS) 4/4 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 15:59:58 :::