JUDGMENT

Arif S. Doctor, J. - The present Appeal impugns an order dated 18th April 2017, by which the captioned Notice of Motion ('the said Notice of Motion') came to be dismissed. The said Notice of Motion was filed by the Appellant on 20th October, 2016 seeking to set aside a Decree of Divorce dated 8th December 1987 ('the said Decree') by which the marriage between the Appellant and the Respondent had been dissolved. Thus, admittedly, the said Notice of Motion was filed after over 28 years from the date of the Decree.

2. Before adverting to the rival contentions, it is useful to first set out a few facts, viz.

i. The Appellant and the Respondent were married in the year 1981 in accordance with the provisions of the Parsi Marriage & Divorce Act,1936. In the year 1982 the Appellant and the Respondent were blessed with the birth of their daughter.

ii . It appears that thereafter there was some matrimonial discord between the Appellant and the Respondent, which led to both of them filing their respective Petitions under the provisions of The Guardians and Wards Act,1890 both seeking custody of their minor daughter. MPT No. 531 of 1987 was filed by the Respondent and MPT No. 532 of 1987