IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO. 18 OF 2009 Kashmira Porus Dumasia ..Plaintiff No.1 Vs. Mr. Porus Hoshang Dumasia ..Plaintiff No.2 Ms. Zenobia S. Irani for Plaintiff No.1 Ms. Kashmira Bharucha i/b Desai & Chinoy for Plaintiff No.2 CORAM: DR. D.Y. CHANDRACHUD, J. DATE: 11th AUGUST, 2009 P.C. : 1. Plaintiff Nos.1 and 2 have applied for a divorce by mutual consent u/s 32 B of the Parsi Marriage & Divorce Act, 1936. The parties are Zorostrians and were married on 27.11.2007 according to the Parsi Zoroastrian Rites and Ceremonies and Customs. There are no children from the marriage. In the plaint it has been stated that serious marital disputes arose between the parties in January 2008 and since then the 1st Plaintiff has resided separately with her parents. 2. Both the parties are present. Consent terms have been arrived at between the parties which are annexed at Exhibit C to the plaint. Articles which were required to be returned by the respective parties have been returned on 08.08.2009. Both the parties have filed Affidavits in lieu of the Examination-in-Chief. Plaintiff No.1 has filed Suit No.22 of 200 before this Court against Plaintiff No.2, which Plaintiff No.1 has agreed to withdraw. 3. From the material on the record, it emerges that the marriage between the parties was solemnised under the Act. Parties have stated before the court that, the averments contained in the plaint are true and that they have consented to a divorce by mutual consent voluntarily and out of their own free will. The court is satisfied that the consent of the parties to the suit, was not obtained by force or fraud. Parties are living apart for more than one year from the date of the filing of the suit. In the circumstances, in terms of the request made before the court by the parties, the suit shall stand decreed in terms of prayer clause (a). Since the articles, as noted earlier, have been returned by the parties to each other, prayer clause (b) will not survive (Dr. D.Y.Chandrachud, J)