:1: IN IN IN THE PARSI CHIEF MATRIMONIAL COURT AT BOBBY THE PARSI CHIEF MATRIMONIAL COURT AT BOBBY THE PARSI CHIEF MATRIMONIAL COURT AT BOBBY SUIT SUIT SUIT NO. 8 OF NO. 8 OF NO. 8 OF 2009 2009 2009 Hoshang Rustomji Hormusji Mogul. ... Plaintiff No.1. V/s. Freny Hoshang Mogul (Freny Mogul) ... Plaintiff No.2. Mrs. A.S. Khushrushahi for the Plaintiffs. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 02ND 02ND 02ND APRIL 2009. APRIL 2009. APRIL 2009. P.C. P.C. P.C. : : : . This is a Suit filed under Section 32-B of the Parsi Marriage & Divorce Act, 1936. The Plaintiff Nos. 1 and 2 were married, as evidenced by the Marriage Certificate. Copy of the same is annexed as Exhibit ‘A’. There are two sons from this marriage which was solemnized as early as on 4th March 1980. 2. The parties resided together till 2000. Thereafter, they went abroad. There also they resided together but serious differences and disputes arose between them in 2005 which have been referred to in paragraphs 4 to 6 of the plaint. 3. In these circumstances and since the dispute and differences could not be resolved so also finding that the marriage cannot be worked out, that the present Suit is filed. The sons from the marriage are major. Plaintiff :2: No.2 has settled abroad. She has stated that she is a joint owner of a Flat at Dadar and Mira Road alongwith Plaintiff No.1. 4. All disputes and differences with regard to the property and claims have been resolved. Both of them have no claims against each other. 5. From a perusal of the Petition and the affidavits filed by each of the Plaintiffs confirming the plaint averments, I am satisfied that the marriage has been solemnized under the Act. On hearing Ms. Khushrushahi, I am further satisfied that the averments in the plaint are true. Further, the consent of either parties has not been obtained by force or fraud. The parties have been living separately for a period of more than one year. They have not been able to live together and have mutually agreed to dissolve their marriage. In these circumstances, the Suit is decreed as prayed. There will be a decree of divorce dissolving the marriage under Section 32-B of the Parsi Marriage and Divorce Act, 1936. Decree be drawn accordingly. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)