IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO.24 OF 2009 Persis Jehangir Khambatta ..Plaintiff No.1 Vs. Jehangir Behram Khambatta ..Plaintiff No.2 Mr. Narayana B. Suvarna a/w Ms. A. G. Patel for the Plaintiffs CORAM: DR. D.Y. CHANDRACHUD, J. DATE: 15th October , 2009 P.C. : 1. The Suit is for a Divorce by mutual consent u/s 32-B of the Parsi Marriage & Divorce Act, 1936. Plaintiff Nos. 1 and 2 are Parsi Zorastrians and were married on 28th March 2000, according to the rites and ceremonies of the community. The parties cohabited together after marriage. They have a daughter who was born on 1st May 2001 from the Wedlock. However, as a result of matrimonial differences, they have been residing separately since 23rd December 2003. Both the parties have sought a divorce by mutual consent. 2. Both the parties are personally present before the Court and have filed an Affidavit in lieu of the examination-in-chief. Both the parties have personally verified the correctness of the contents of the Affidavit. They have arrived at Consent Terms which are annexed at Exhibit B to the Plaint. The Consent Terms envisage that the custody of the daughter shall be with Plaintiff No.1. Plaintiff No.2 will have access to the daughter and it has been agreed that he will provide for monthly maintenance and for expenses of the education of the daughter until graduation. The parties have not pressed any claim or demand against each other, including by way of alimony or maintenance. All personal belongings have been exchanged. 3. From the material before the Court, it appears that the marriage between the parties was solemnised under the Act, that the averments in the Plaint are true and that the consent of both the Plaintiffs to the Suit was not obtained by force or fraud. Parties have been living separately for a period of more than one year. The marriage was solemnised under the Act. The parties have mutually agreed that the marriage should be dissolved. 4. In the circumstances, the suit shall stand decreed in terms or prayer clauses (a) and (b). (Dr. D.Y.Chandrachud, J)