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1983 Supreme(Bom) 119

D.N.MEHTA
Pinhas Ezekil Silas – Appellant
Versus
Sally Pinhas Silas – Respondent


Advocates:
D.R. Zaiwala, for Plaintiff.

JUDGMENT :- This is a suit filed by a husband against his wife, both practising Jewish Religion, praying for a Decree for divorce of their marriage. In the alternative the plaintiff-husband has prayed for judicial separation against the defendant. Thirdly, the plaintiff-husband has prayed for the custody of the minor daughter Michelle and lastly, for costs of the suit.

2. The suit was called out for hearing and final disposal today, when the plaintiff was represented by his Advocate. The defendant has remained absent. The Affidavit of Service has been marked as Exhibit 'A'. A copy of the letter of the Superintendent of Post offices, Bombay City South Division, addressed to the Sheriff of Bombay has been marked as Exhibit 'B'.

3. Tile plaintiff has examined himself. In his evidence he has deposed that he and the defendant both practiced Jewish Religion and that he was domiciled in India. He has stated that he was married to the defendant on 24th May, 1972 at the Jewish Synagogue, Byculla, Bombay, according to Jewish Rites and Ceremonies. The plaintiff has produced the certificate of marriage issued by the Synagogue, which has been tendered and marked Exhibit 'C'.

4. After the marriage,












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