The record
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- A woman filed a lawsuit in Mumbai seeking a divorce and alimony based on a 2010 ceremony she claimed was a Parsi marriage.
- The Bombay High Court found the ceremony was merely a blessing ritual and did not meet the legal requirements for a marriage under the Parsi Marriage and Divorce Act.
- A jury of Parsi delegates confirmed the event lacked the necessary signing of documents to be considered a legal union.
- The court concluded it had no jurisdiction to hear the case because the marriage was not validly solemnized in India.
- The ruling leaves the couple's marital status and financial disputes, already subject to Australian proceedings, outside the purview of the Indian court.
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Somasekhar Sundaresan
Justice
1 quote · 1 outlet
“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”
In the article
…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 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. He allowed the husband’s 2023 interim application seeking rejection of his wife’s 2018 suit under the Code of Civil Procedure. She had sought dissolution of…
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All filed from India
Named India · Australia · Bombay High Court · Parul Vedak · Somasekhar Sundaresan · Taubon Irani
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