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 It is urged that respondent has withdrawn from all his marital obligations and the petitioner is fully maintaining herself and since the respondent has deserted the petitioner for over a period of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: {{TABLE}} 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.