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Divorce Petition No.1 of 2014, decided on 5th September, 2014.

----Ss. 32 & 43---Parsi/Zoroastrian divorce---Suit for dissolution of marriage---Grounds for divorce---In-camera proceedings under S.43 of the Parsi Marriage and Divorce Act, 1936---Consent of parties to dissolve marriage---Role/opinion of delegates---Plaintiff/wife sought grant of dissolution of marriage inter alia on the ground that wife felt there was no compatibility between the parties and that she and the husband were not living together since more than three years, which fact in itself was sufficient for grant of dissolution of marriage under S.32 of the Parsi Marriage and Divorce Act, 1936---Husband/ defendant; before the High Court, inter alia, stated that he had no objection to the grant of the petition for dissolution of marriage---Held, that in the present case, requirements of the Parsi Marriage and Divorce Act, 1936 appeared to have been complied with and the delegates present in Court were also of the opinion that parties should not be compelled to remain in an union of marriage against their will---Proceedings were held in-camera (chambers) as required under S.43 of the Parsi Marriage and Divorce Act, 1936 in presence of the parties, counsel and delegates---Suit for dissolution for marriage was allowed, and marriage between the parties was dissolved, in circumstances. Saadat Yar Khan for Petitioner along with Petitioner. Respondent in Person. Shorab Patel, Rowena Hansatia, Farida Dastoor, Percy Gazdar and Savak Mistry, Delegates. Date of hearing: 5th September, 2014.

This petition has been filed by the petitioner through her counsel for dissolution or marriage under section 32 of the Parsi Marriage and Divorce Act, 1936. This bench was nominated by the honourable Chief Justice to hear this matter. After nomination notice was ordered to the delegates as required under the Act and it was also ordered that in accordance with section 43 of the Act proceeding should take place in camera (chamber). After the notice the delegates mentioned above appeared today. Respondent is also present today. Respondent has been identified on the basis of his national identity card. All the delegates present also identified the respondent. The grounds of dissolution of marriage have been mentioned in para (7) of the petition. Learned counsel for the petitioner on instructions says that for the reasons mentioned in the plaint petitioner seeks dissolution under section 32-g of Parsi Marriage and Divorce Act, 1936. It has been alleged in the petition that respondent had never been interested to continue marriage and always tried to ignore the petitioner on one pretext or the other. It is also mentioned that petitioner realized that there was no compatibility between the parties yet petitioner decided to continue with the marriage in a hope that situation might improve with the passage of time. The stand of the respondent is that his attitude was never cruel with the petitioner, per learned counsel he is not pressing any such allegation. Per learned counsel ground for present petition is mentioned in para (7) of the petition and parties are not living together for more than last three years and that fact is sufficient for grant of petition under section 32-g of the Act. Respondent who is present in person says that in view of the fact that petitioner is trying to get divorce for quite some time and he does not want any association which is not based on willingness of both the parties and he does not want the petitioner to remain in an association of marriage against her will and for such reason he has no objection to the grant of petition. Respondent further says that it is a fact that parties are not living together for more than three years. The requirements of the Act appears to have been complied with. The delegates present today are also of the opinion that parties should not be compelled to remain in an association against their will. They also say that in the facts and circumstances of the case it would be appropriate and in the interest of justice that marriage may be dissolved. particularly in view of consent of respondent. As required under section 43 of the Act these proceedings are held in camera (chamber), however in presence of learned counsel for the petitioner, delegates and the parties. In my opinion the Act provides dissolution of marriage on the ground amongst others mentioned under section 32-g of Parsi Marriage and Divorce Act, 1936. Respondent has extended no objection to the grant of petition and in the opinion or delegates as well parties should not be compelled to remain in union against their will. I therefore, grant this petition and marriage between the petitioner and the respondent is dissolved. Office is directed to prepare decree for dissolution of marriage and send a copy to the Registrar of Marriages appointed under section 7 of the Parsi Marriage and Divorce Act, 1936. Parties are left to bear their own costs. Petition stands disposed of. KMZ/G-29/Sindh Petition allowed.

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