ROHINTON MINOO SURTY Vs. KASHMIRA ROHINTON SURTY

JUDGEMENT

(1.) This is a suit for divorce by mutual consent filed under Sec. 32B of the Parsi Marriage and Divorce Act, 1936 (for short, "1936 Act ") whereby plaintiff no.1 Rohinton Minoo Surty and plaintiff no.2 Kashmira Rohinton Surty are before the Court praying that the marriage solemnized between them on 21/12/2004 at Dadyseth Atasbehram, Dadyseth Agiary Lane, Fanaswadi, Mumbai - 400 002 be dissolved and a decree of divorce be pronounced under the provisions of Sec. 32B of the 1936 Act.

(2.) The relevant facts as stated by the parties are:- Plaintiff no.1, who was a divorcee, got married to plaintiff no.2, then a spinster (nee Kashmira Aspi Dadachanji). Their marriage was initially registered under the Special Marriage Act, 1954 by the Marriage Officer, Thane on 24/9/2004. However, as desired by the plaintiffs, parents and relatives, a marriage ceremony of the plaintiffs according to the Parsi Zoroastrian rites and customs, was performed on 21/12/2004 at Dadyseth Atasbehram, Dadyseth Agiary Lane, Fanaswadi, Mumbai - 400 002. Such marriage was registered by the Registrar of Parsi Marriages, High Court, Bombay on 22/12/2004. The Certificate of Marriage is annexed at Exhibit "A " to the plaint. There is no dispute on this document. As set out in paragraph 3 of the plaint, after the plaintiffs marriage the plaintiffs were residing in different foreign countries.

(3.) There are no children born from the marriage. The plaintiffs have stated that within few years of their marriage, there were temperamental issues between the plaintiffs, which caused serious differences between them. This resulted into the plaintiffs ceasing to cohabit. In paragraph 5 of the plaint, the plaintiffs have stated that they have not cohabited as husband and wife since 18/3/2018. They have also stated that there is an irretrievable breakdown of their marriage and no purpose would be served by continuance of the marriage which has broken down irretrievably. This, despite innumerable efforts having been made by the plaintiffs as well as their family members and friends to bring about a reconciliation. The plaintiffs have also stated that as per the Parsi matrimonial law, the plaintiffs being married as per the "aashirwaad " ceremony, it is imperative that the marriage is dissolved under the 1936 Act.