- 1 - IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY SUIT NO.15 OF 2009 Meher Hoshner Kapadia .... Plaintiff No.1 And Hoshner Neville Kapadia .... Plaintiff No.2 Ms Zenobia S. Irani for Plaintiff No.1. Mr. Narayana B. Suvarna i/b Mr. Abag G. Patel for Plaintiff No.2. CORAM: DR. D.Y. CHANDRACHUD, J. DATED: 30TH JUNE, 2009 P.C: 1. The suit has been filed under Section 32B of the Parsi Marriage and Divorce Act, 1936 for a divorce by mutual consent. The parties were married on 16 th December, 2005 according to Zoroastrian rites and ceremonies. They cohabited together until 1 st February, 2008, after which they have been residing separately. It has been averred that there were serious matrimonial differences between the parties as a result of which they have agreed to seek divorce by mutual consent. The parties are - 2 - personally present before the Court. Affidavits in lieu of the examination-in-chief have been filed by the first and second plaintiffs who have verified to the correctness of what is stated therein. 2. From the record before the Court, it emerges that the parties have been living separately for a period in excess of 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 solemnised under the Act; that the averments in the plaint are true and that the consent of either party to the suit has not been obtained by force or fraud. In these circumstances, in terms of the petition for divorce by mutual consent there shall be a decree in terms of prayer clause (a). The undertaking contained in paragraph 6 of the affidavit in lieu of the examination-in- chief of the second plaintiff is accepted. ------