1 IN THE PARSI CHIEF MATROMONIAL COURT AT BOMBAY SUIT NO.14 OF 2009 Nyra D. Surti ..Plaintiff No.1. And Darius D. Surti ..Plaintiff No.2. Vs. Dhun J. Surti ..Defendant. .... Ms. A.S. Khushrushahi for the Plaintiffs. .... CORAM: DR. D.Y. CHANDRACHUD, J. 19th June, 2009. P.C. : The suit has been instituted under Section 32-B of the Parsi Marriage and Divorce Act, 1936 for a divorce by mutual consent. Parties are Parsi Zoroastrians and were married on 5th March, 1996. A daughter who is 11 years of age was born from the wedlock. Both the First Plaintiff and the Second Plaintiff have filed affidavits of evidence in support of the Petition stating that they have been unable to co-habit together since March 2008 as a result of serious differences between them. The father of the Second Plaintiff has been joined as Defendant to the suit since the Consent Terms which have been arrived at between the parties provide 2 for an undertaking by the Defendant in addition to the Second Plaintiff to provide for alimony to the First Plaintiff and the minor child. All parties are personally present before the Court and have confirmed what is stated in the Consent Terms which are annexed at Exhibit B to the Plaint and the affidavits filed in these proceedings. From the material which has been placed before the Court it is evident that 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 be dissolved. The Court is satisfied that the marriage was solemnized under 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 by fraud. A decree for dissolution of the marriage would accordingly have to be passed in terms as prayed. The suit shall accordingly stand decreed in terms of prayer clauses (a) and (b). All undertakings contained in the affidavits filed by the Second Plaintiff and the Defendant are accepted. *****