YASHIM RAO KARKARIA Vs. CYRUS EDUL KARKARIA

JUDGEMENT

(1.) THE suit is filed by both wife-plaintiff No. 1 and husband-plaintiff No. 2 for divorce by mutual consent under section 32-B of the Parsi Marriage and Divorce Act, 1936. The matter was on board today under caption "mutual consent matters". Both the plaintiff No. 1 and plaintiff No. 2 are residing in United States and the plaint which was filed in this Court on 13th July, 2000 has been signed by both the plaintiffs and it was presented by the constituted attorney, who is an Advocate. The original power of attorney duly signed and attested by both the parties is filed on record. It is notarised by Notary Public in USA.

(2.) COUNSEL representing both the plaintiffs also tendered today affidavit of the wife-plaintiff No. 1 and the husband-plaintiff No. 2. Both these affidavits are also notarised before the Notary Public in USA, and each of the affidavit is accompanied by letter written by the plaintiff No. 1 or plaintiff No. 2 explaining difficulty in coming to India for the purpose of giving evidence. Both of them have however stated in the affidavits why they have filed this suit for divorce by mutual consent, and affidavits being accepted and taken on record in lieu of their oral evidence. Both of them have stated that they have already obtained divorce by the family Judge of the Probate and Family Court Department and judgment of decree nisi was granted as on 3-4-2000 and it became decree absolute on 21-7-2000.

(3.) COUNSEL for the plaintiffs also furnished draft issues, copies of which were given to the delegates in advance, who were selected amongst the delegates present. Copies of affidavit of plaintiff No. 1 and 2 were also given to the delegates and after going through those affidavits, the Foreman of the delegates communicated their findings on the issues as under :