1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. PARSI SUIT NO.19 OF 2009 Tannaz Mehernosh Bhiwandiwalla. ...Plaintiff No.1 And Mehernosh Dhunji Bhiwandiwalla. ...Plaintiff No.2. ....... Ms.Armaty S. Khushrushahi for the Plaintiffs. ...... CORAM : DR. D.Y. CHANDRACHUD, J. August 20, 2009. P.C.: The Petition has been filed for divorce by mutual consent under Section 32B of the Parsi Marriage and Divorce Act, 1936. In the Petition, it has been stated that both the First Plaintiff and Second Plaintiff were married on 11th April 1993 according to Parsi Zoroastrian rites and customs. The Plaintiffs have one son who is about thirteen years of age. The Plaintiffs are both residing in Australia. It has been stated that there were serious matrimonial differences between them. The Plaintiffs filed for divorce on 5th March 2009 in the Federal Magistrate's Court of Australia at Sydney. By an order dated 16th April 2009, the Court in Australia granted a divorce with effect from 17th May 2009. Since parties were married in 2 accordance with Parsi Zoroastrian rites and ceremonies, they have now moved these proceedings jointly for divorce by mutual consent under Section 32B of the Parsi Marriage and Divorce Act, 1936. Both the parties are residents of Australia and are not before the Court. The parties are not able to come to India because of the exigencies of their work. However, the father of the First Plaintiff is present before the Court and he verifies the signatures contained in the plaint before the Court. That apart, the First and the Second Plaintiffs have filed affidavits of evidence which have been duly notarised in Australia. Counsel appearing on behalf of the Plaintiffs has also tendered before the Court, a copy of the certificate of divorce granted by the Federal Magistrate's Court of Australia at Sydney duly notarised by the Vice Consul in the Consulate General of India, Sydney. Counsel for the Plaintiffs has also placed on the record, photo copies of the pass-ports of the First and Second Plaintiffs which bear photographs of the parties. The Affidavits of evidence also bear the photographs of the Plaintiffs. 2. From the material before the Court, it emerges that the 3 marriage between the parties was solemnized under the Act and they have been living separately since 2007. From the material on record, it appears that the averments in the plaint are true and the consent of the parties has been obtained without any force or coercion. In these circumstances, it would be appropriate to grant the relief that has been sought. The suit shall accordingly stand decreed in terms of prayer clauses (a) and (b). Counsel for the Plaintiffs is permitted to take back the original of the divorce certificate. .....