1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY PARSI MATRIMONIAL JURISDICTION PARSI SUIT NO.4 OF 2009 Hector Fali Patel .. Plaintiff No.1 and Anita Hector Patel .. Plaintiff No.2 Mrs.A.S.Khushrushahi for plaintiffs CORAM : S.C.DHARMADHIKARI, J. DATE : 9th February 2009. P.C. . This is a suit praying for dissolution of marriage of plaintiffs solemnised on 9th January 1999 at Mumbai. 2. Both plaintiffs have filed their affidavits in evidence reiterating the contents of the plaint. Plaintiffs have claimed decree under section 32-B of the Parsi Marriage and Divorce Act, 1936. The decree of divorce is claimed by mutual consent. They have set out 2 that they have been living separately since March 2006. After their marriage in January 1999, plaintiffs moved in the matrimonial home at Mumbai. Thereafter, they had noticed over a period that there are differences between them. Extreme incompatibility of temperament led to disputes and differences. Plaintiffs drifted apart and, therefore, they have not been able to live together. They have, therefore, mutually agreed that their marriage be dissolved. 3. Plaintiffs have set out necessary declarations on oath. They have reiterated that the consent is given willingly and without any force or undue influence. On perusal of the plaint and the statement made in the affidavit so also hearing Counsel, I am satisfied that the averments are true and correct. The consent has been given without any force or fraud. I am further satisfied that the plaintiffs having not been able to live together for a period of a year 3 or more have agreed to dissolve their marriage under section 32B of the Act. 4. Both plaintiffs have stated that they are gainfully employed. They have not made any claims against each other. They have settled all the claims with regard to joint property. Plaintiff No.1 is not claiming any alimony or maintainance from plaintiff No.2. 5. As a result of the above discussion and the marriage having been solemnised at Mumbai, there is no impediment in granting decree in terms of prayer clause (a) of the plaint. 6. Accordingly, there will be a decree under section 32B of the Act dissolving the marriage of the plaintiffs. Office to draw up the decree accordingly. (S.C.Dharmadhikari, J)