:1: IN IN IN THE PARSI CHIEF MATRIMONIAL COURT, BOMBAY THE PARSI CHIEF MATRIMONIAL COURT, BOMBAY THE PARSI CHIEF MATRIMONIAL COURT, BOMBAY SUIT SUIT SUIT NO. 7 OF 2009 NO. 7 OF 2009 NO. 7 OF 2009 Mrs. Firooza Adil Sadri. ... Plaintiff. V/s. Adil Kershasp Sadri. ... Defendant. Ms. A.S. Khushrushahi for the Plaintiff. Ms. Z.S. Irani 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. : : : . Mentioned. Not on Board. Taken on Board. 2. This is a Suit for Dissolution of Marriage by both Plaintiffs. They seek Dissolution of the Marriage by Mutual Consent in terms of Section 32 B of the Parsi Marriage and Divorce Act, 1936. The Plaintiffs and their Advocates are present. It is stated by both Plaintiffs that they confirm the averments in the plaint. They have filed their respective affidavits confirming the same. They state that there is no collusion in filing the Petition. Their consent is not obtained by force or fraud. On the other hand, having realized that the marriage cannot continue and it is not possible to co-habit that they have agreed to have the marriage dissolved by Mutual Consent. :2: 3. It is stated by the Advocates that the necessary pre-conditions under Section 32 B(1) proviso as well have been satisfied. The parties have been living separately since December 2007. Earlier, the Suit was filed by Plaintiff No.1 for Dissolution of the Marriage on the grounds of cruelty. In such circumstances, I am satisfied that the ingredients of Section 32 B(1) are satisfied in this case. There is no impediment in Dissolving the Marriage by Mutual Consent. 4. Parties have agreed to give up all claims against each other. There is no claim for alimony or maintenance. It is agreed by both sides that the custody of the Minor shall remain with Plaintiff No.1 but with visiting rights to the father - Plaintiff No.2. 5. They seek that the Consent Terms (Exhibit B to the Plaint) be made a part of the order. The parties have stated that Plaintiff No.2 gives up all his right, title and interest in an immovable property more particularly mentioned in clause 4 of the Consent Terms. As far as the custody is concerned, it is agreed that the same shall remain permanently with Plaintiff No.1 but Plaintiff No.2 shall have Access to the child by parties in clauses 8 to 10. Both sides agree in the manner that the child’s education will continue un-interruptedly. Plaintiff No.2 has agreed to return all jewellery articles and it is confirmed that the same have been duly returned. :3: 6. In these circumstances, the Suit is decreed as prayed. The Registry to draw-up a Decree in terms of prayer clauses (a) and (b). All concerned to act on authenticated copy of this order. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)