1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. PARSI SUIT NO.45 OF 2007 PETITION NO.1 OF 2008 WITH INTERIM PETITION NO.1 OF 2008 WITH CHAMBER SUMMONS NO.1 OF 2009 WITH NOTICE OF MOTION NO.1 OF 2009 Roshan Dadi Cooper. ...Plaintiff.. Vs. Dadi Eruchshaw Cooper. ...Defendant. .... Ms. Indu Verma i/b. Sree Neeti for the Plaintiff. Mr. Vivek Kantawala i/b. Vivek Kantawala & Co. for the Defendant. ..... CORAM : DR.D.Y.CHANDRACHUD, J. APRIL 27, 2009. P.C. This a proceeding for divorce between two senior citizens, both Parsis, under the Parsi Marriage and Divorce Act, 1936. The parties were married in 1967. There had occurred matrimonial disputes between them which led to the institution of the proceedings before the Court. During the course of the hearing, an adjournment was sought by the parties pursuant to the suggestion of the Court, in order to enable them to explore the possibility of an amicable 2 settlement. Both the Learned Counsel have informed the Court that they had utilized their utmost endeavour to explore the possibility of the parties resolving their dispute and coming together. Unfortunately that has not been possible. The Plaintiff is 74, while the Defendant is 78. Eventually, parties have, with the assistance of the Learned Counsel, arrived at terms for divorce by mutual consent under Section 32B of the Parsi Marriage and Divorce Act, 1936. Parties have stated that they have been living separately for more than one year; that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. The Court is satisfied that the marriage was solemnized under the Act; that the averments in the plaint are true and that the consent of either party was not obtained by force or fraud. Both the parties are present before the Court. The daughter of the Plaintiff and the Defendant is also present and it is only upon the satisfaction of the Court that it is impossible for the parties to reside together that a decree has been passed in the terms that have been sought. The marriage of the parties shall in terms of the Consent Terms, stand dissolved. The Consent Terms which are signed by the parties and by their respective Advocates are taken on record and marked “X”. There shall be a decree in terms thereof. 3 2. In view of the disposal of the suit, all interim applications shall stand disposed of. 3. The Commissioner who was appointed in pursuance of the order dated 6th March 2009, shall now take necessary steps to effectuate the agreement which has been arrived at between the parties. All undertakings are accepted. ......