| Citation(s) |
|---|
| 2009 SLG 2206 2009 SLD 2206 2009 PLD 261 |
Sindh High Court
Divorce Petition No. 1 and C.M.A. No. 241 of 2009, decided on 4th March, 2009
MRS. QAISER IQBAL, J
Saadat Yar Khan for Petitioner. Abdul Majeed Khoso holding brief for Khalid Mehmood Siddiqui for
Respondent.
Divorce Petition No. 1 and C.M.A. No. 241 of 2009, decided on 4th March, 2009
MRS. QAISER IQBAL, J
Saadat Yar Khan for Petitioner. Abdul Majeed Khoso holding brief for Khalid Mehmood Siddiqui for
Respondent.
Ms. MAHNAZ BAKHTIAR
VS
FAROOKH R. MEHRI
Law:
Section:
Parsi Marriage and Divorce Act (II of 1936)--- ----S. 32---Petition for dissolution of marriage by wife on the ground that she had been deserted by the respondent without any reasonable cause for a period of three years within the meaning of S.32(g) of the Parsi Marriage and Divorce Act, 1936---Petitioner had averred that she had been living away from the respondent since 15 June, 2001, and that respondent had withdrawn all the obligations rested upon him---Delegates had opined that the petitioner was entitled to a decree for dissolution of marriage on the ground of desertion---When the respondent had extended no allegation and the delegates were also of the opinion that it would be impossible for the parties to live together under one roof, the petitioner had made out a case for the grant of divorce petition---Petition for divorce was granted by High Court in view of the consent of the respondent and the opinion of the delegates---Decree for divorce was allowed under S.32(g) of the Parsi Marriage and Divorce Act, 1936. Khorshed ASPI Jamuia v. ASPI Dossabhoy Jamula PLD 1960 (W.P.) Karachi 178 and Behnaz Nausherwan Marfatta v. Arash Burjor Sethna PLD 2009 Kar. 114 rel. ORDER MRS. QAISER IQBAL, J.---The petitioner has filed this petition for dissolution against the respondent on the ground that she had been deserted by the respondent without any reasonable cause for a period of three years within the meaning of section 32(g) of the Parsi Marriage and Divorce Act. 1936. The facts give rise to the petition are that the parties had solemnized the marriage on 8th April, 1983, out of wedlock one son namely Pooya was born in the month of January, 1986. The parties live together for sometime, they realized within a short span that they could not make a happy marriage at home however petitioner decided to continue with the marriage in„a hope that the situation might change with the passage of time. It is averred that during 18 years of marriage the respondent showed his lack of responsibility towards the petitioner as well as his son. The relationship became strained and the parties started residing in separation. So much so that in the year 1991 the petitioner had…
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