1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO.26 OF 2009 Farzana Rayomand Daruwala .. Plaintiff versus Rayomand Dali Daruwala .. Defendant Mrs.Armity S. Khushrushahi for the plaintiff. Plaintiff Nos.1 and 2 present in person. CORAM : A.S.OKA, J. DATE : 12th November 2009. JUDGMENT: . Heard learned counsel appearing for the plaintiffs. This is a joint petition filed for divorce by mutual consent under section 32-B of the Parsi Marriage and Divorce Act, 1936. 2. The marriage between the 1st and 2nd plaintiffs was solemnised on 17th April 1998 according to Parsi Zoroastrian rites and customs. There is one son of the said marriage whose present age is stated to be 10 years. From June 2008, the parties are residing separately till the date of institution of the suit and even today they continue to reside separately. 3. The 1st and 2nd plaintiffs have filed their respective affidavits of evidence which are taken on record and marked “X” and “Y” for identification. Both the 1st and 2nd plaintiffs are personally present in the 2 Court and they accept that what is stated in the suit and the affidavits is true and correct. 4. The consent terms arrived between the parties are annexed to the suit. The consent terms make a provision for custody of the minor son and his maintenance. It also provides for visitation rights. It is stated that there is no claim of alimony or maintenance against each other. 5. I am satisfied that the averments made in the plaint and the affidavits are true and correct and that consent of either party to the suit was not obtained by force or fraud. I am also satisfied that the parties have been residing separately for a period of one year before the date of institution of the suit. Therefore, a case is made out for passing a decree under section 32-B of the said Act. 6. There will be a decree in terms of prayer clauses (a) and (b). There will be no orders as to costs. (A.S.OKA,J)