Zenobia Ghadially vs Mehrouz Ghadially
2023 Latest Caselaw 8635 Bom

2023:BHC-OS:8872-DB

                                                        1       902-APP-647-2014.doc


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            ORDINARY ORIGINAL CIVIL JURISDICTION
                                          APPEAL NO. 647 OF 2014
                                                      IN
                                        PARSI SUIT NO. 13 OF 2009


            Zenobia Ghadially                                  ... Appellant

                     V/s.
            Mehrouz Ghadially                                  ... Respondent


                                              WITH
                                  NOTICE OF MOTION NO. 4 OF 2021
                                                IN
                                      APPEAL NO. 647 OF 2014


            Mr. Vikram Deshmukh a/w Ativ Patel i/by AVP Partners for
            Appellant.
            Ms. Zenobia Irani for Respondent.
            Ms. Zenobia Ghadially, Appellant is present in person.
            Mr. Mehrouz Ghadially, Respondent is present in person.



                                     CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. &
                                             ARIF S. DOCTOR, J.

                                     DATE       : 23rd AUGUST, 2023


            P.C. :

            1.              The present Appeal impugns a judgment dated 27th

            August, 2014, by which, the captioned Parsi Suit No.13 of 2009

            was dismissed. The Appellant before the Court is the wife who

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had filed the captioned Suit under the provisions of Section

32(dd) of the Parsi Marriage and Divorce Act, 1936 ("PMDA") and

had in terms of the said Section sought a Decree for divorce on

the ground of cruelty.



2.             Today, both the Appellant (wife) and Respondent

(husband)        are     present         in   Court     and    have,        through        their

respective counsel, tendered consent terms which are dated 23 rd

August, 2023. The consent terms record that the Appellant and

Respondent have settled all their disputes and differences and

have     also     agreed            to   dissolve     their   marriage          which        was

solemnized on 1st May, 1990 by mutual consent under Section

32-B of the PMDA. However, since the Suit has been filed under

Section 32(dd) of the PMDA and not under Section 32-B of the

PMDA, it would be necessary to amend the Plaint to that extent.

Learned counsel pray that liberty may be granted to carry out the

necessary amendments to convert the Suit to a Suit for Decree of

divorce by mutual consent under Section 32-B as also make the

necessary averments in the Plaint and prayer clauses to that

effect. We feel it would be in the interest of justice to permit the

same. Hence, the following order is passed;



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                                     ORDER

i. By consent of the parties, the impugned order dated

27th August, 2014 is set aside.

ii. The consent terms are taken on record and marked 'X'

for identification.

iii. The parties are permitted to carry out necessary

amendments in the said Parsi Suit so as to make it a

Suit for Decree of divorce by mutual consent under

Section 32-B of PMDA.

iv. The undertakings contained in the consent terms are

accepted as undertakings to the Court.

v. Appeal is disposed of in the aforesaid terms.

vi. Decree be drawn up accordingly.

3. In view of disposal of the Appeal, Notice of Motion

No.4 of 2021 does not survive and the same is accordingly

disposed of.

     (ARIF S. DOCTOR, J.)                       (CHIEF JUSTICE)

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