ZENOBIA GHADIALLY Vs. MEHROUZ GHADIALLY

JUDGEMENT

(1.) The present Appeal impugns a judgment dtd. 27/8/2014, by which, the captioned Parsi Suit No.13 of 2009 was dismissed. The Appellant before the Court is the wife who had filed the captioned Suit under the provisions of Sec. 32(dd) of the Parsi Marriage and Divorce Act, 1936 ("PMDA") and had in terms of the said Sec. 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 1/5/1990 by mutual consent under Sec. 32-B of the PMDA. However, since the Suit has been filed under Sec. 32(dd) of the PMDA and not under Sec. 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 Sec. 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;

(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.