Niloufer Soli Lam VS In the matter of Zarir Pesi Bharucha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

N. J. JAMADAR, N. J. JAMADAR
Niloufer Soli Lam – Appellant
Versus
In the matter of Zarir Pesi Bharucha – Respondent

Advocates:
Counsel for the Parties:
For the Applicant:Mr. Satish Maneshinde a/w. Ms. Mrunalini Deshmukh, Ms. Sanober Nanavati, Mr. Saket Mone, Mr. Subit Chakrabarti, Ms. Srushti Thorat, Ms. Apurva Pawar and Ms. Anandini Fernandes and Ms. Namita Maneshinde i/b. Vidhi Partners, Advocate
For the Respondent:Mr. Aspi Chinoy, Senior Advocate a/w. Mr. Navroz Seervai, Senior Advocate, Mr. Gaurav Joshi, Senior Advocate, Mr. Zal Andhyarujina, Senior Advocate, Ms. Tauban Irani, Ms. Sanchi Ladha and Mr. Samsher Garud i/b. Bimal Rajasekhar, Advocate

ORDER

The applicant/defendant has preferred this application to reject the plaint under the provisions of Order 7 Rule 11(d) of the Code of Civil Procedure, 1908 (the Code), as being barred by law, and, in the alternative, to transfer the captioned suit to the appropriate Family Court for trial along with a Petition filed by the plaintiff/respondent for dissolution of the marriage.

2. The background facts necessary for determination of this application can be stated in brief as under:—

[a] The plaintiff is an advocate by profession. Defendant is also engaged in corporate law practice. The defendant is a British citizen. The plaintiff and defendant are Parsis.

[b] The marriage of the plaintiff and defendant was solemnized on 29th March, 2012 under the provisions of the Special Marriage Act, 1954 (the Special Marriage Act). On 1st April, 2012 the plaintiff and defendant also solemnized and registered marriage under the Parsi Marriage and Divorce Act, 1936 (the Parsi Marriage Act). The plaintiff and defendant are blessed with a daughter and a son.

[c] It seems since the year 2019, marital discord struck the life of plaintiff and defendant. Allegations and counter allegations do n

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N. J. JAMADAR, N. J. JAMADARNiloufer Soli Lam – AppellantVersusIn the matter of Zarir Pesi Bharucha – Respondent

Cases Referred (4)

N. J. JAMADAR, N. J. JAMADAR
Niloufer Soli Lam – Appellant
Versus
In the matter of Zarir Pesi Bharucha – Respondent