1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO.23 OF 2009 Jamshed Keki Ukaji .. Plaintiff versus Farida Jamshed Ukaji .. Defendant Mrs.Armaity 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 suit filed under section 32-B of the Parsi Marriage and Divorce Act, 1936 (hereinafter referred to as the said Act of 1936). 2. The parties married on 20th March 1986 according to Parsi Zoroastrian rites and customs. There is one daughter of the said marriage who is admittedly major. It is asserted in the petition that the parties are residing separately from 17th December 2007 till the date of institution of the suit. It is stated that at the intervention of members of the family and friends, they have agreed to take divorce by mutual consent. The 1st and 2nd plaintiffs are personally present in the Court. They have tendered their respective affidavits of evidence which are taken on record and marked “X” and “Y” for 2 identification. The 1st and 2nd plaintiffs have stated that whatever is stated in the suit and in the affidavits is true and correct. Both the parties have stated that they have given their free consent and there is no force or fraud. 3. Thus, it is established that the suit has been filed after lapse of one year from the date of marriage and on the date of institution of the suit, the parties were residing separately for a period of more than one year. I am satisfied that averments made in the plaint are true and that the consent of either party to the suit was not obtained by force or fraud. 4. My attention has been invited to the consent terms annexed to the suit. A compliance has been made by the 1st plaintiff with clause 1 of the consent terms by handing over bankers’ cheques’ totally amounting to Rs. 20,00,000/- to the 2nd plaintiff. 5. Hence, I pass the following order: : O R D E R : (a) The undertakings of the parties recorded in clauses 2 and 3 of the consent terms are accepted. (b) There will be a decree in terms of prayer clauses (a) and (b). (c) There will be no orders as to costs. (A.S.OKA,J)