Bombay High Court
Kaevan Vistasp Katki vs Parizad Kaevan Katki on 30 November, 2023
Author: Abhay Ahuja
Bench: Abhay Ahuja
7. PS 4-16.doc
IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PARSI SUIT NO. 4 OF 2016
Kaevan Vistasp Katki ... Plaintiff
V/s.
Parizad Kaevan Katki
...Defendant
Ms. Armaity S. Khushrushah with Ms. Nerissa Almeida, , Advocate for
the Plaintiff
Ms. Zenobia Irani, Advocate for the Defendant.
In the presence of the following delegates:-
1. Mr. Erric Elavia(Fore Person)
2. Mr. Commodore Medioma Bada (Retd.)
3. Mr. Farhad H. Hozdar
4. Ms. Pearl Mistry
5. Mr. Rumy Zara
CORAM : ABHAY AHUJA, J.
DATE : 30th NOVEMBER 2023 P.C. :
1. Today the 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. This suit has been filed by the Plaintiff against his wife seeking decree of divorce under Section 32 (dd) of the Parsi Marriage and Divorce Act, 1936 (the "PMD Act") for dissolving the marriage solemnized between Plaintiff and Defendant. The Plaintiff and Defendant got married\ on 17th December, 2008 at Mumbai in Nikita Gadgil 1/4 ::: Uploaded on - 01/12/2023 ::: Downloaded on - 02/12/2023 23:36:22 :::
7. PS 4-16.doc accordance with the rites and ceremonies of the Parsi Zorastrian religion and custom. The marriage was thereafter registered before the Registrar of Parsi Marriages on 18th December, 2008. The true extract of the said marriage certificate dated 23 rd December, 2008 is annexed to the Plaint as Exhibit A. There are no issues from the said marriage.
3. The record indicates that the evidence in the matter was to commence today as the documents had already been marked. However, when the matter is called out, both the learned Counsel for the Plaintiff as well as for the Defendant tender across the bar the Consent Terms dated 30th November, 2023, duly signed by the Plaintiff as well as the Defendant, who are present in the Court, as well as their respective advocates, submitting that the lis has been settled between the parties in terms of the Consent Terms. The Plaintiff and the Defendant have agreed to withdraw all the allegations made against each other in the above suit and are desirous that the suit is converted into the suit for divorce under mutual consent under the Act.
4. I have gone through the Consent Terms and also interacted with the parties and I am satisfied that both the parties have mutually agreed that the marriage be dissolved. It is observed that the parties Nikita Gadgil 2/4 ::: Uploaded on - 01/12/2023 ::: Downloaded on - 02/12/2023 23:36:22 :::
7. PS 4-16.doc have been living separately since 4 th November, 2015, which is for the period of more than one year. The marriage was solemnized on 17 th December, 2008 and the suit was filed on 25 th February, 2016 and today on 30th November, 2023, both the parties have agreed to dissolve their marriage by mutual consent under Section 32B of the Act, which is more than one year since the date of marriage.
5. Both the Plaintiff and the Defendant are present in the Court and it does not appear that the consent of either party to the suit has been obtained by force or fraud.
6. Having heard the learned Counsel, having perused the Consent Terms and having interacted with the parties, I am of the view that the marriage of the Plaintiff and Defendant, which was solemnized on 17 th December, 2008, can be dissolved as the parties have mutually decided to separate. The Consent Terms dated 30 th November, 2023 are taken on record and marked 'X' for the purposes of identification. The undertakings in the Consent Terms are accepted as undertakings to this Court.
7. This Parsi suit stands disposed in terms of the Consent Terms. There shall be no order as to costs.
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7. PS 4-16.doc
8. The learned Registrar to draw up a Decree of Divorce in terms of Consent Terms and the same be made available to the parties within a period of four weeks from today.
9. This Court appreciates the presence of the empanelled delegates.
(ABHAY AHUJA, J.) Nikita Gadgil 4/4 ::: Uploaded on - 01/12/2023 ::: Downloaded on - 02/12/2023 23:36:22 :::