Law: Parsi Marriage and Divorce Act, 1936

Section: 24,32(g)

Parsi Marriage and Divorce Act (III of 1936) --- ----Ss. 24 &32(g)---Dissolution of marriage---Grounds---Desertion by husband---Wife had applied for divorce on the ground that the husband had deserted her for last seven years---Both the husband and the wife came to an understanding that their marriage may be dissolved as they no longer wished to remain in matrimonial tie---Delegates appointed by consent of both parties also unanimously expressed their opinion that the marriage may be dissolved on the ground of desertion---Husband and wife both decided to have the joint custody of their daughter hence no order in such regard was required to be passed keeping in view the consensus between the parties --- Marriage between the parties was dissolved accordingly. THIS ORDER PASSED BY: MUHAMMAD ALI MAZHAR, J.--- This petition has been brought for dissolution of marriage under Section 32 of Parsi Marriage and Divorce Act, 1936. 2. In the beginning, I would like to give attention to an important fact that the provisions contained under the Parsi Marriage and Divorce Act, 1936 unequivocally demonstrate that the proceedings initiated under this Act are to be registered as a Suit but instead of filing the suit, the Divorce Petition has been filed and the office has also marked number as 'Divorce Petition' rather than the Suit. In order to examine and reconcile this anomaly and discrepancy, I have examined Sindh Chief Court Rules (O.S) (SSCR). Under these Rules, Chapter XXIII is on the subject of Matrimonial Jurisdiction and Part I of this Chapter is germane to the Rules under the Indian Divorce Act, 1869. Rules 421 to 433 are meant and premeditated to the proceedings governing under the Indian Divorce Act, 1869 whereas Part II of the same Chapter is pertinent to the Rules under the Parsi Marriage and Divorce Act, 1936. In this Part, Rules 434 to 447 are designed and constructed to prescribe the procedure akin to Parsi Marriage and Divorce Act, 1936. The provisions laid down in the Indian Divorce Act, 1869 elucidating and augmenting that for the purposes of Divorce, petition has to be filed but in the Rules framed in the latter fragment under the Parsi Marriage and…

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