1 acd IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY SUIT NO. 6 OF 2009 Zubin Homavazir ...Plaintiff. V/s Hufrish Homavazir ..... Defendant. --- Ms. F. Irani, for Plaintiff. Mr.Zubin Homavazir, Plaintiff present. Ms. Hutoxi Tavadia a/w Mr. H.V. Kode for the Defendant. Ms. Hufrish Homavazir, Defendant present. --- CORAM: V.M. KANADE, J. DATE : 11 th JANUARY, 2009 . P.C.: 1. Heard. By the Consent Minutes of Order dated 18.12.2009, this court was pleased to convert the suit into the suit for divorce by mutual consent. The consent terms have been filed by both parties and, were taken on record and marked ‘X’ for identification. 2. The learned counsel appearing for the plaintiff filed an affidavit of compliance of the plaintiff as per Consent Minutes of Order dated 18.12.2009 which were filed in this court. 3. Both parties have now made joint request that clause-10 of the Consent Minutes of Order dated 18.12.2009 be substituted by a 2 clause which is similar in nature, however, wording of the said clause is different. Leave to substitute the clause-10 of the consent terms dated 18.12.2009 by following clause granted. The clause to be incorporated in place of clause-10 of the Consent Minutes of Order dated 18.12.2009 reads as under: “ The plaintiff shall pay to the defendant a one-time lumpsum amount of Rs.25 lakhs as alimony. The parties’ son Sarosh will reside with the defendant. The defendant shall vacate the matrimonial home at Dadar Parsi Colony immediately upon receipt of the said amount. The defendant will not have any claim upon the plaintiff for housing in the future. The plaintiff too will not have any claim upon the Defendant’s property, if any, in future” 4. The aforesaid clause is therefore stands incorporated in the consent terms dated 18.12.2009. Parties shall carry out the amendment and shall put their initial on the said amended clause. 5. The suit stands converted into divorce by mutual consent. 6. Both parties have filed joint affidavit of divorce by mutual consent dated 11.1.2010, which is taken on record. In view of the joint affidavit filed by the parties, the marriage is therefore dissolved in terms of Consent Minutes of Order dated 11.1.2010. The marriage between the Plaintiff and the Defendant is dissolved by mutual consent. Undertaking given by the Defendant has been complied 3 with. The suit is accordingly disposed of in terms of Consent Minutes of Order dated 11.1.2010. 7. The Plaintiff has taken out a Notice of Motion, which is not yet registered. The learned counsel appearing on behalf of the Plaintiff seeks time. 8. Stand over to 28th January, 2010. (V.M. KANADE, J.)