1 IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY PARSI SUIT NO.1 OF 2008 Percy Pervez Mistry ..Plaintiff. Vs. Bakhtavar Percy Mistry ..Defendant. WITH PARSI SUIT NO.22 OF 2009 Percy Pervez Mistry ..Plaintiff No.1. Vs. Bakhtavar Percy Mistry ..Plaintiff No.2. .... Ms A.S. Khushrushahi for the Plaintiffs in PS 22 of 2009 and for the Defendant in PS 1 of 2008. .... CORAM: DR. D.Y. CHANDRACHUD, J. 1st October, 2009. P.C. : 1. Suit No.1 of 2008 was filed for a decree for divorce under Section 32 (dd) and (g) of the Parsi Marriage and Divorce Act, 1936. Parties have since agreed to a divorce by mutual consent for the purposes of which Suit No.22 of 2009 has been filed. Counsel appearing on behalf of the Plaintiffs seeks leave of the Court to withdraw Parsi Suit 1 of 2008. In terms of the request made before the Court, Suit No.1 of 2008 is 2 dismissed as withdrawn. On the request of the learned counsel, Suit 22 of 2009 has been taken on the Board by consent of the First and Second Plaintiffs and on their request. Both the parties are present before the Court. 2. The Plaintiffs who are Parasi Zoroastrians were married on 29th December, 1984 according to Parsi Zoroastrians rites and customs. They have two children aged 23 and 20. There have been serious matrimonial disputes between the parties since 1992. The First Plaintiff as noted earlier filed a suit on 14th January, 1998 for a decree of divorce against the Second Plaintiff on the ground of cruelty, mental harassment and desertion. The Second Plaintiff filed a written statement. In order to avoid acrimonious litigation parties have arrived at a settlement by which they have agreed to a divorce by mutual consent. Both the parties are personally present before the Court and have filed affidavits in lieu of the examination in chief. The First Plaintiff has handed over a cheque in the amount of Rs.5 lacs and 12 postdated cheques each in the amount of Rs. 10,000/- towards monthly maintenance. The First Plaintiff has stated 3 that the balance of Rs.5 lacs shall be paid by five installments each of Rs.1 lac. The first of the installments will be paid by 1st of October of each subsequent year. The First Plaintiff has also stated before the Court that he would pay an amount of Rs.10,000/- per month towards the maintenance by postdated cheques which shall be handed over in advance. The undertaking is accepted. 3. Both the parties are present before the Court and have deposed in support of the claim in the suit. Both the parties have stated that they are agreed to a divorce by mutual consent. I am of the view, on the basis of the evidence which has been recorded, that the marriage has been solemnized under the provisions of the Act; that the averments in the plaint are true and that the consent of either party to the suit was not obtained by force or fraud. 4. There is no reason why the prayers sought in the suit should not be allowed. A divorce by mutual consent is in the interest of both the parties and having regard to the fact that they have lived apart for a 4 period in excess of one year, there is no possibility now of a reconciliation. The suit is accordingly, decreed in terms of prayer clauses (a) and (b). *****