PLJ 2009
Karachi 67
Present:
Khalid Ali Z. Qazi, J.
Ms. BEHNAZ
NAUSHERWAN MARFATIA--Petitioner
versus
ARASH BURJOR
SETHNA--Respondent
Divorce
Petition No. 1 of 2008, decided on 28.10.2008.
Parsi
Marriage and Divorce Act, 1936 (III of 1936)--
----S.
32(g)--Dissolution of marriage on ground of desertion--Entitlement of
decree--Delegates, statements of--Scope--Wife sought divorce on the plea of
desertion and notices were issued to delegates-Out of 28 delegates, 12 were
present before the Court--Effect--In view of no objection raised by husband and
opinion of acting delegates, Court dissolved the marriage under S.32(g) of
Parsi Marriage and Divorce Act, 1936--Petition was allowed. [P. 69] A & B
PLD 1960
(W.P.) Kar. 178 rel.
Ms. Danish
Zuberi, Advocate for Petitioner.
Mr. Saadat
Yar Khan, Advocate for Respondent.
Date of
hearing: 28.10.2008.
Order
The
petitioner has filed this petition for dissolution of marriage against the
respondent on the ground that she has been deserted by the respondent without
any reasonable cause for a period of more than three years within the meaning
of Section 32(g) of the Parsi Marriage and Divorce Act (III of 1936).
2. The brief facts of the case are that the
marriage between the petitioner and the respondent was solemnized on 19-12-2003
and out of this marriage no children were born. It is submitted that
immediately after the marriage the parties resided together in rented premises
located at 34 Parsi Colony, Flat No. 4, opposite Holy Family Hospital, Karachi.
It is submitted that after some time of the marriage it was clear to the
petitioner that the respondent was not interested in continuing with the
marriage upon one pretext or the other. But the petitioner tried her best to
make her marriage work and after successive period of separation, the
respondent asked the petitioner to move out their matrimonial home on 15-5-2005
without any reasonable cause. The petitioner against her will moved into her
parents home at the insistence of the respondent and she started living
separately from the respondent since 15-5-2005. It is also submitted that about
one year back the respondent has moved to Qatar for his employment. It is urged
that under the provisions of clause (g) of Section 32 of the Parsi Marriage and
Divorce Act, 1936, any married person may sue for divorce on the ground that
the respondent has deserted the petitioner for at least three years. It is
urged that respondent has withdrawn from all his marital obligations and the
petitioner is fully maintaining herself and since the respondent has deserted
the petitioner for over a period of three years the petitioner is entitled for
dissolution of marriage in terms of clause (g) of Section 32 of the Parsi
Marriage and Divorce Act, 1936.
3. On the last date of hearing when this
petition came up for orders before the Court first time, the respondent has
appeared in Court along with his counsel, who waived notice of this petition
and has recorded his no objection for grant of this petition. However, as Parsi
Law notices were issued to all the 28 delegates. Out of them only 12 delegates
are present in Court.
The
following persons acted as delegates:
1. Rubina Hansotia CNIC No. 42000-0411043-8
2. Farida Patail CNIC No. 42301-0827843-4
3. Rustam Kharsi Gara CNIC No. 42201-4975281-5
4. Parsi Gazder CNIC
No. 42201-4975281-5
5. Berozenso Khambata CNIC No. 42201-0355113-8
6. Aspi Homi Sethana CNIC No. 42201-2497028-7
7. Nausherwan Shavax Mistri CNIC No. 42301-0891350-9
4. The above named delegates were of the opinion
that the petitioner is entitled to a decree for dissolution of marriage on the
ground of desertion. The respondent also filed his no objection in writing for
grant of this petition.
5. I have heard Ms. Danish Zuberi, learned
counsel for petitioner and Mr. Saadat Yar Khan, learned counsel for respondent
and perused the case record. I have also gone through the judgment authored by
Wahiduddin Ahmad, J. (as his lordship then was) in the case of Khorshed Aspi
Jamula v. Aspi Dossabhoy Jamula PLD 1960 (W.P.) Karachi 178).
6. Under the circumstances and in view of the no
objection raised by the respondent and particularly the opinion of the acted
delegates, I am inclined to accept same. Accordingly, I accept their opinion
and grant the petitioner a decree for divorce under Section 32(g) of the Parsi
Marriage and Divorce Act III of 1936. The petition is allowed as prayed with no
order as to costs.
7. Office is directed to prepare the decree and
send a copy of the same to the concerned Registrar of Marriages appointed under
Section 7 of the Parsi Marriage and Divorce Act, 1936.
(R.A.) Petition
allowed.
PLJ 2009
Karachi 67
Present:
Khalid Ali Z. Qazi, J.
Ms. BEHNAZ
NAUSHERWAN MARFATIA--Petitioner
versus
ARASH BURJOR
SETHNA--Respondent
Divorce
Petition No. 1 of 2008, decided on 28.10.2008.
Parsi
Marriage and Divorce Act, 1936 (III of 1936)--
----S.
32(g)--Dissolution of marriage on ground of desertion--Entitlement of
decree--Delegates, statements of--Scope--Wife sought divorce on the plea of
desertion and notices were issued to delegates-Out of 28 delegates, 12 were
present before the Court--Effect--In view of no objection raised by husband and
opinion of acting delegates, Court dissolved the marriage under S.32(g) of
Parsi Marriage and Divorce Act, 1936--Petition was allowed. [P. 69] A & B
PLD 1960
(W.P.) Kar. 178 rel.
Ms. Danish
Zuberi, Advocate for Petitioner.
Mr. Saadat
Yar Khan, Advocate for Respondent.
Date of
hearing: 28.10.2008.
Order
The
petitioner has filed this petition for dissolution of marriage against the
respondent on the ground that she has been deserted by the respondent without
any reasonable cause for a period of more than three years within the meaning
of Section 32(g) of the Parsi Marriage and Divorce Act (III of 1936).
2. The brief facts of the case are that the
marriage between the petitioner and the respondent was solemnized on 19-12-2003
and out of this marriage no children were born. It is submitted that
immediately after the marriage the parties resided together in rented premises
located at 34 Parsi Colony, Flat No. 4, opposite Holy Family Hospital, Karachi.
It is submitted that after some time of the marriage it was clear to the
petitioner that the respondent was not interested in continuing with the
marriage upon one pretext or the other. But the petitioner tried her best to
make her marriage work and after successive period of separation, the
respondent asked the petitioner to move out their matrimonial home on 15-5-2005
without any reasonable cause. The petitioner against her will moved into her
parents home at the insistence of the respondent and she started living
separately from the respondent since 15-5-2005. It is also submitted that about
one year back the respondent has moved to Qatar for his employment. It is urged
that under the provisions of clause (g) of Section 32 of the Parsi Marriage and
Divorce Act, 1936, any married person may sue for divorce on the ground that
the respondent has deserted the petitioner for at least three years. It is
urged that respondent has withdrawn from all his marital obligations and the
petitioner is fully maintaining herself and since the respondent has deserted
the petitioner for over a period of three years the petitioner is entitled for
dissolution of marriage in terms of clause (g) of Section 32 of the Parsi
Marriage and Divorce Act, 1936.
3. On the last date of hearing when this
petition came up for orders before the Court first time, the respondent has
appeared in Court along with his counsel, who waived notice of this petition
and has recorded his no objection for grant of this petition. However, as Parsi
Law notices were issued to all the 28 delegates. Out of them only 12 delegates
are present in Court.
The
following persons acted as delegates:
1. Rubina Hansotia CNIC No. 42000-0411043-8
2. Farida Patail CNIC No. 42301-0827843-4
3. Rustam Kharsi Gara CNIC No. 42201-4975281-5
4. Parsi Gazder CNIC
No. 42201-4975281-5
5. Berozenso Khambata CNIC No. 42201-0355113-8
6. Aspi Homi Sethana CNIC No. 42201-2497028-7
7. Nausherwan Shavax Mistri CNIC No. 42301-0891350-9
4. The above named delegates were of the opinion
that the petitioner is entitled to a decree for dissolution of marriage on the
ground of desertion. The respondent also filed his no objection in writing for
grant of this petition.
5. I have heard Ms. Danish Zuberi, learned
counsel for petitioner and Mr. Saadat Yar Khan, learned counsel for respondent
and perused the case record. I have also gone through the judgment authored by
Wahiduddin Ahmad, J. (as his lordship then was) in the case of Khorshed Aspi
Jamula v. Aspi Dossabhoy Jamula PLD 1960 (W.P.) Karachi 178).
6. Under the circumstances and in view of the no
objection raised by the respondent and particularly the opinion of the acted
delegates, I am inclined to accept same. Accordingly, I accept their opinion
and grant the petitioner a decree for divorce under Section 32(g) of the Parsi
Marriage and Divorce Act III of 1936. The petition is allowed as prayed with no
order as to costs.
7. Office is directed to prepare the decree and
send a copy of the same to the concerned Registrar of Marriages appointed under
Section 7 of the Parsi Marriage and Divorce Act, 1936.
(R.A.) Petition
allowed.
