:1: IN IN IN THE PARSI CHIEF MATRIMONIAL COURT, BOMBAY THE PARSI CHIEF MATRIMONIAL COURT, BOMBAY THE PARSI CHIEF MATRIMONIAL COURT, BOMBAY PARSI PARSI PARSI SUIT NO. 11 OF SUIT NO. 11 OF SUIT NO. 11 OF 2008 2008 2008 Yasmin Neville Tampal Alias Yasmin Keki Captain. ... Plaintiff. V/s. Nevilie E. Tampal. ... Defendant. Mr. J. H. Shah for the Plaintiff. Mr. Sameer Tendulkar for the Defendant. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 06TH 06TH 06TH MARCH 2009. MARCH 2009. MARCH 2009. P.C. P.C. P.C. : : : . This is a Suit filed by the wife, seeking a Decree of Divorce under Section 32(g) and 32(dd) of the Parsi Matrimonial and Divorce Act, 1936. 2. The plaint averments project the case of an alleged cruelty that has been inflicted upon the wife. 3. The allegations were denied by filing a Written Statement. 4. At the stage where further directions were to be issued, both sides sought time to amicably resolve the controversy. 5. Today, when the matter was called out, both :2: Advocates inform me that the Plaintiff and Defendant have settled the matter. They agree that the marriage be dissolved on the ground of desertion of the Plaintiff by the Defendant. The Defendant is present in Court and his Advocate states that the Defendant admits the averments and pleas in so far as desertion are concerned. The Plaintiff - Wife does not seek a Decree on the grounds of cruelty. Both sides have stated that they do not have any claims against each other. They do not have claims against each others properties either. The Defendant has undertaken to the Court that he will not visit the residential premises/flat occupied by the Plaintiff - Wife nor shall he disturb her at her place of work, in any manner, whatsoever. He has further undertaken to hand over to the Plaintiff her cupboard, two chairs and medical reports. There is no dispute about the identity of these articles. 6. Undertakings of the Defendant are accepted. 7. The Consent Terms are signed by the Plaintiff and the Advocate so also by the Defendant and his Advocate. The parties are also present and confirmed the statements in the Consent Terms. 8. In such circumstances, the Minutes and the Consent Terms are taken on record and marked ‘X’ for identification. There will be an order in terms of the :3: Consent Terms. Undertakings are accepted. The marriage of the Plaintiff and the Defendant stands dissolved by a Decree of Divorce under Section 32(g) of the Parsi Marriage and Divorce Act, 1936. The Decree be drawn accordingly after the Registry receives an authenticated copy of the order. The order is passed as it is undisputed that the ingredients of Section 32(g) are satisfied in this case. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)