1 IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY PARSI SUIT NO.5 OF 2005 Hormazd Kersi Irani ..Plaintiff No.1 and Dilnaz Hormazd Irani ..Plaintiff No.2. .... Ms.Nilesha Jain i/b M/s. Joy Legal Consultants for Plaintiff No.1. Ms.Aban Patel for Plaintiff No.2. .... CORAM : DR.D.Y.CHANDRACHUD, J. CORAM : DR.D.Y.CHANDRACHUD, J. CORAM : DR.D.Y.CHANDRACHUD, J. 24th March, 2005. ORAL JUDGMENT : 1. This is a suit for divorce by mutual consent under Section 32-B of the Parsi Marriage and Divorce Act, 1936 ("the Act"). The parties are both Parsi Zoroastrians and were married on 21st April, 2001, according to Parsi Zoroastrian rites and customs. Serious disputes have arisen between the parties and since 14th September, 2001 the Second Plaintiff has moved out of the matrimonial 2 home permanently. 2. Both the parties have stepped into the witness box in support of their respective cases for divorce by mutual consent. I am of the view, on the basis of the evidence which has been recorded, that the marriage has been solemnised under the provisions of the Act; that the averments in the plaint are true and that the consent of either party to the suit was not obtained by force or fraud. 3. There is no reason why the prayer sought in the suit should not be allowed. A divorce by mutual consent is in the interest of both the parties and having regard to the fact that that they have lived apart for a period in excess of one year, there is no possibility now of a reconciliation. The suit is accordingly, decreed in terms of prayer clauses (a) and (b). No order as to costs.