Law: Parsi Marriage and Divorce Act, 1936

Section: 32,43

Law: Parsi Marriage and Divorce Act, 1936

Section: 32,43

Parsi Marriage and Divorce Act (III of 1936)-------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. ORDER AMER RAZA NAQVI, J.--- 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…

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