1 suit.10.11.sxw ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.10 OF 2011 Keziah Tukshad Engineer .. Plaintiff No.1 versus Tukshad Keki Engineer ..Plaintiff No.2 --------------------------------------- A.S.Khushrushahi,for the Plaintiffs. Plaintiff nos.1 and 2 present in person. CORAM: S.J.KATHAWALLA, J. DATED: APRIL 13, 2011 P.C. Mentioned. Not on Board. Taken on Board. This Suit is filed by the Plaintiffs for a decree of divorce by Mutual Consent under section 32B of the Parsi Marriage and Divorce Act,1936. The Plaintiff No.1-wife has filed her affidavit in lieu of evidence dated 31st March,2011 which is taken on record and marked “X” for identification. The Plaintiff No.2-husband has filed his affidavit in lieu of evidence dated 23rd March, 2011 which is taken on record and marked “X-1” for identification. 2 suit.10.11.sxw 2 Both the Plaintiffs have deposed in their respective affidavits that they are Parsi Zoroastrians. They were married on 3rd January, 2005 according to the Parsi Zoroastrian Rites and Customs. The original Marriage Certificate is annexed at Exhibit “A” to the Plaint. The Plaintiff No.1 is of Indian domicile and Plaintiff No.2 is a British subject. The Plaintiffs have deposed that within one month of their marriage they realized that they were not compatible with each other. Serious differences arose sometime towards the end of 2009. According to them, their outlook on life and values of life were totally different. Inspite of that they carried on with marriage in the hope that they would be able to sort out their differences. As time elapsed, it became abundantly clear that they were not suited to each other. Since it became impossible to continue living under the same roof, the Plaintiff No.1 moved out of the matrimonial flat in London in January 2010 and started residing separately. Even after living separately the Plaintiffs tried to work out their marriage, with the help of friends and family members, but did not succeed. The Plaintiffs are therefore living separately for more than a year before filing of this Suit i.e. since January 2010 till date. The Plaintiffs have entered into Consent Terms which are taken on record and marked “Y” for identification. The Plaintiffs have deposed that they have signed the plaint and the Consent Terms and 3 suit.10.11.sxw their consent has not been obtained by force, fraud or coercion. 3 In view of the above, I am satisfied that the Plaintiffs have made out a case for dissolution of their marriage under Section 32B of the Parsi Marriage and Divorce Act, 1936. The Plaintiffs are also entitled to a decree in terms of the consent terms marked 'Y'. The undertakings given in the Consent Terms by the Plaintiffs are accepted. The Suit is, therefore decreed in terms of prayer clauses (a) and (b). The Suit is accordingly disposed of. ( S.J.KATHAWALLA, J ) 4 suit.10.11.sxw