Mumbai: Dismissing a suit filed by a Parsi woman seeking a divorce, Bombay High Court held that as the Nov 2010 ceremony in Mumbai was not a valid marriage under the Parsi Marriage and Divorce Act, it has no jurisdiction to hear it.
The Australia-based couple had a civil marriage there in Aug 2010. The wife claimed that the Nov 2010 ‘Ashirvad’ ceremony in Mumbai solemnised their marriage under the Parsi Marriage and Divorce Act. But Justice Sundaresan said Section 3 read with Section 29 (courts in which suits to be brought) deny HC jurisdiction. If the Nov 2010 event is not a solemnisation ceremony, then that connecting jurisdictional fact is missing.
Therefore, the suit is barred within…
“The suit is dismissed because of the vital jurisdictional fact not having been found to be in existence, posing a bar in law to proceed with the trial,” said Justice Somasekhar Sundaresan in Wednesday’s verdict. His advocate, Parul Vedak, said the suit is barred by the res judicata principle as the couple had already got divorced in Australia, with the final division of assets and their child’s custody. The wife’s advocate, Taubon Irani, said the jury’s opinion should not bind the court and the trial should be conducted. “The parties reside in Perth, and the sole connecting factor was the (marriage) solemnisation ceremony said to have been conducted in Mumbai. CPC,” he said.
The husband countered that it was merely a ‘Tandoorasti’ reception ceremony entailing blessings of elders, as is customary with Parsis who wed outside India and return to enable relatives to wish them. He also rejected the res judicata contention, noting the Australian court expressly noticed the suit, formed no view on it and left the husband’s alleged Indian properties subject to its outcome.