JUDGMENT :

1. This is a suit for divorce by mutual consent filed under Section 32B of the Parsi Marriage and Divorce Act, 1936 (for short, “1936 Act”) whereby plaintiff no.1 Rohinton Minoo Surty and plaintiff no.2 Kashmira Rohinton Surty are before the Court praying that the marriage solemnized between them on 21 December, 2004 at Dadyseth Atasbehram, Dadyseth Agiary Lane, Fanaswadi, Mumbai – 400 002 be dissolved and a decree of divorce be pronounced under the provisions of Section 32B of the 1936 Act.

2. The relevant facts as stated by the parties are:-Plaintiff no.1, who was a divorcee, got married to plaintiff no.2, then a spinster (nee Kashmira Aspi Dadachanji). Their marriage was initially registered under the Special Marriage Act, 1954 by the Marriage Officer, Thane on 24 September, 2004. However, as desired by the plaintiffs, parents and relatives, a marriage ceremony of the plaintiffs according to the Parsi Zoroastrian rites and customs, was performed on 21 December, 2004 at Dadyseth Atasbehram, Dadyseth Agiary Lane, Fanaswadi, Mumbai – 400 002. Such marriage was registered by the Registrar of Parsi Marriages, High Court, Bombay on 22 December, 2004. The Certificate of Marria