1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO.38 OF 2007 Benaaz Merzi Bomanji .. Plaintiff No.1 Versus Merzi Bomi Bomanji .. Plaintiff No.2 Ms.Z.S.Irani for plaintiff Ms.F.Contractor for defendant CORAM : S.C.DHARMADHIKARI, J. DATE : 25th March 2009. P.C. . Heard. Both plaintiffs have filed this suit praying that the relief claimed under section 32-B of Parsi Marriage and Divorce Act as amended in 1988 be granted. Plaintiffs Advocate states that she will get the suit numbered within 2 one week from today. 2. This petition/suit has been filed by the parties pursuant to the order dated 5th March 2009. When the matter had been placed before me earlier I have recorded their consent to put an end to the disputes and differences amicably. 3. The amount, which is determined by the Court, was directed to be handed over. That amount is determined as Rs.6.75 Lakhs on 5th March 2009. Pursuant to this and also other terms arrived at by parties, it is stated that they wish to convert the proceedings into Divorce by mutual consent so that their marriage can be dissolved accordingly. 4. That is how, this suit is filed. Both plaintiff Nos. 1 and 2 are present in Court. They confirm the averments and statements in the plaint. They state that they have agreed to 3 dissolve their marriage by decree of divorce by mutual consent. They have stated that consent has not been obtained by force, pressure or coercion and all statements and averments are made wilfully. They have also arrived at the terms with regard to maintainance, custody of the minor son Aryan. 5. From a reading of the plaint averments, I am satisfied that this Court has jurisdiction to entertain and try the suit. All ingredients of section 32-B are also complied with and satisfied. There is no impediment in law in dissolving the marriage as prayed by parties. 6. Consent terms being Annexure B to the plarint shall be treated as part and parcel of this order and decree. In the light of the consent terms and further considering the averments and statements in the plaint, there will be a decree in terms of prayer clauses (a) 4 and (b). A demand draft for Rs.6,75,000/- is handed over to plaintiff No.1 by plaintiff No.2 in Court. Needless to state that insofar as custody of and access to the child is concerned, parties can seek such further reliefs and directions as the nature and circumstances of the case may require. (S.C.Dharmadhikari, J)