1 IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY SUIT NO.27 OF 2009 Kashmira Rustom Kambata Parsi Zoroastrian, Citizen of New Zealand, Age: 44 years, residing at 2/188 Clovelly Road, Bucklands Beach, Auckland .... Plaintiff 1202, New Zealand. No.1 AND Rustom Melhi Kambata Parsi Zoroastrian, Citizen of India, Age: 49 years, residing at 13, Walworth Avenue, Pakuranga, .... Plaintiff Auckland 2010, New Zealand. No.2 Mrs. Armaity S. Khushrushahi for the Plaintiffs. Ms Kashmira R. Kambata, Plaintiff No.1, present in person. CORAM: A.S. OKA, J. DATED: DECEMBER 03, 2009 ORAL JUDGMENT: Not on board. 2. The learned counsel appearing for the 2 first and the second plaintiffs made a request for taking the suit on board as the first plaintiff has come all the way from New Zealand for attending to the suit. 3. The present suit is filed under Section 32B of the Parsi Marriage and Divorce Act, 1936 seeking a decree of divorce by mutual consent. 4. The first plaintiff is personally present in the Court. She has tendered on record her affidavit which was affirmed before a Notary Public in New Zealand on 14-11-2009. The first plaintiff affirms the correctness of what is stated in the suit as well as in the affidavit. The learned counsel appearing for the plaintiffs has tendered the affidavit of the second plaintiff which has been affirmed on 14-11-2009 before a Notary Public in New Zealand. She states that the second plaintiff is unable to come down to India due to his commitments. She invited my attention to the averment made in paragraph 11 of the said affidavit. There is a photograph of the second plaintiff affixed on the said affidavit. The learned counsel appearing for the plaintiffs has also tendered on record a zerox copy of the 3 driving licence of the second plaintiff which is duly certified as a true copy by a Notary Public in New Zealand. 5. I have perused the averments made in the plaint as well as in the affidavits filed by the first and the second plaintiffs. Both of them have asserted that the marriage between them was solemnised on 12-12-1987 in accordance with the Parsi Zoroastrian rites and customs. There is only one son of the said marriage who has now attained majority. It is stated that since the year 2002 serious differences arose between the first and the second plaintiffs. It is asserted that from 6-6-2006 till the date of filing the suit, the plaintiffs have been living separately. Even in the affidavits tendered today, it is asserted that the parties continue to stay separately from June, 2006. 6. The Consent Terms duly signed by the first and the second plaintiffs before a Notary Public in New Zealand on 14-11-2009 have been annexed to the plaint. The Consent Terms record complete settlement between the parties. 7. Considering the affidavits tendered, I am satisfied that the averments made in the 4 plaint are true and correct and that the consent of neither parties is obtained by practising force or fraud. 8. Hence, a case is made out for exercising power under Section 32B of the Parsi Marriage and Divorce Act, 1936. 9. Hence, I pass the following order: (a) There shall be a decree in terms of prayer clauses (a) and (b). (b) Issuance of certified copy is expedited. (c) The parties to act upon an authenticated copy of this judgment. Sd/- (A.S. Oka, J.)