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1980 Supreme(Bom) 104

R.L.AGARWAL
Khorshed Behram Rustomjee – Appellant
Versus
Behram Nowrojee Rustomjee – Respondent


JUDGMENT - AGGARWAL R.L., J. : - The petitioner-wife had obtained a decree for restitution of conjugal rights from this Court on 4th October 1979. At the time of passing of the said decree, she had desired to make a separate application for alimony and for maintenance of the children and hence the present petition.

2. On behalf of the respondent-husband, it is contended that this Court has no jurisdiction to entertain the petition as the husband is a British subject domiciled in England. The husband has filed petition for divorce in England, which, according to him, is the competent Matrimonial Court. Assuming this Court has jurisdiction, then the petitioner-wife is not entitled to certain reliefs prayed for. It is necessary to set out a brief statement of facts.

3. The petitioner-wife and the respondent-husband are Parsi Zoroa-strians. On 29th May 1961, the parties married in Bombay and solemnized their marriage according to the Parsi form of marriage under the Parsi Marriage and Divorce Act, 1936. Two children are born from the wedlock:- one female and the other male. The daughter Tinaz is now aged 16, and the son Naval is now aged about 14. According to the wife, the marriage was




















































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