Bombay High Court
Dr. Murad D. Oomrigar vs Mahrukh Murad Oomrigar on 30 November, 2023
Author: Abhay Ahuja
Bench: Abhay Ahuja
1-PS-9-2006@CONNECTED MATTERS.doc
IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PARSI SUIT NO. 9 OF 2006
WITH
CONTEMPT PETITION (PARSI SUIT) NO. 1 OF 2016
WITH
CONTEMPT PETITION (PARSI SUIT) NO. 2 OF 2018
WITH
NOTICE OF MOTION (PARSI SUIT) NO. 11 OF 2018
WITH
CONTEMPT PETITION (PARSI SUIT) NO. 1 OF 2023
WITH
NOTICE OF MOTION (PARSI SUIT) NO. 11 OF 2015
WITH
NOTICE OF MOTION (PARSI SUIT) NO. 12 OF 2014
WITH
CHAMBER SUMMONS(PARSI SUITS) NO. 2 OF 2014
WITH
NOTICE OF MOTION (PARSI SUIT) NO. 13 OF 2014
WITH
NOTICE OF MOTION (PARSI SUIT) NO. 7 OF 2014
IN
PARSI SUIT NO. 9 OF 2006
DR. MURAD D. OOMRIGAR )...PLAINTIFF
Vs.
MAHRUKH MURAD OOMRIGAR )...DEFENDANT
Mrs.Zenobia Shapoor Irani / Nair for the Plaintiff.
None for the Defendant.
Dr.Murad D. Oomrigar, Plaintiff, present in person.
In the presence of the following delegates :-
1. Mr.Errick Elavia (Foreperson)
2. Commodore Medioma Bhada (Retd.)
3. Mr.Farhad H. Hozdar
4. Ms.Pearl Mistry
5. Mr.Rumy Zarir
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1-PS-9-2006@CONNECTED MATTERS.doc
CORAM : ABHAY AHUJA, J.
DATE : 30th NOVEMBER, 2023 P.C. :
1. Today this matter has been listed before this Court conducting the Parsi session where the empanelled delegates have also been elected to aid this Court in the trial of the suit.
2. When the matter was called out in the morning session, neither the Defendant nor the Defendant's lawyer has appeared and therefore the matter was kept back.
3. In the afternoon session, when the matter is called out again, neither the Defendant nor her lawyer has appeared.
4. This Parsi session had been notified well in advance and today empanelled elected delegates in accordance with Section 19 of the Parsi Marriage and Divorce Act, 1936, are also assembled to aid in the trial of the matter and despite that neither the Defendant nor her lawyer is present.
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1-PS-9-2006@CONNECTED MATTERS.doc
5. On 2nd November 2023, the following order was passed :
"1. This matter has been listed in Chamber, pursuant to the order dated 5th October, 2023. The Defendant is present and submits that she is in the process of appointing a new Advocate in place of the present Advocates. The present Advocates are also present in the Chamber and submit that once a new Advocate is appointed, they will give their No Objection Certificate.
2. Ms. Irani, represents Dr. Murad D. Oomrigar, who is the plaintiff and submits that the draft Consent Terms have been prepared, however, once a similar draft is prepared on behalf of the Defendant, the Plaintiff and Defendant could exchange the same to come to a settlement in the matter.
3. Having heard the learned Counsel and having considered the present fact situation, let the Defendant appoint an Advocate, who can then prepare the draft Consent Terms on behalf of the Defendant.
4. Let the draft Consent Terms be prepared by the next date, so that the drafts prepared by the Plaintiff and Defendant can be exchanged.
5. List on 30th November, 2023 before the Parsi Session."
6. However, neither the draft of the Consent Terms have been exchanged nor the Defendant or her Advocate are present to proceed with the trial. Ms.Irani, learned Counsel for the Plaintiff, insists that, therefore, the evidence in cross-examination of the Plaintiff be closed as far as the Defendant is concerned.
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1-PS-9-2006@CONNECTED MATTERS.doc
7. However, since on an earlier occasion the matter was attempted to be settled and today neither the Defendant nor her lawyer are present, list this matter for the next Parsi Session, to be notified later.
8. It is made clear that, if on the next occasion, if the Defendant or her lawyer are not present, the Court will close the evidence of the Defendant and proceed in the matter.
9. In the meanwhile, if the parties settle the matter, liberty to apply.
10. This Court also appreciates the presence of the empanelled delegates elected to aid in the trial.
(ABHAY AHUJA, J.) avk 4/4 Signed by: Mrs.Arti V. Khatate Designation: PS To Honourable Judge Date: 01/12/2023 19:37:55