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This case involved a divorce petition filed by Geeti Mahyar Dhatigara against her husband, Mahyar Mehrwan Dhatigara, under the Parsi Marriage and Divorce Act, 1936. The couple were Parsis, a community governed by this special law rather than general divorce law, and their case was heard by the Sindh High Court, which appointed a judge along with "delegates" (community representatives) to assist, as required under the Act.
The wife sought divorce under Section 32(g) of the Act, which allows dissolution of marriage when a couple has not lived together for a specified period. She did not pursue earlier allegations of cruelty against her husband, relying instead simply on the fact that the couple had been separated for more than three years. The husband, appearing in person, confirmed this separation and stated he had no objection to the divorce, saying he did not want his wife to remain in a marriage against her will.
The delegates present also agreed that the couple should not be forced to stay married against their wishes. The court held that the legal requirements for divorce under Section 32(g) were satisfied, given the prolonged separation and mutual lack of objection. It therefore dissolved the marriage and ordered that a divorce decree be prepared and sent to the Registrar of Marriages.
This judgment illustrates how Pakistan's Parsi community has its own distinct marriage and divorce law, and shows a straightforward, consent-based dissolution of marriage based on long-term separation.
یہ مقدمہ گیتی مہیار دھتیگارا کی جانب سے اپنے شوہر مہیار مہروان دھتیگارا کے خلاف پارسی میرج اینڈ ڈیوورس ایکٹ 1936 کے تحت دائر کی گئی طلاق کی درخواست سے متعلق ہے۔ فریقین پارسی برادری سے تعلق رکھتے تھے، جو عمومی طلاق کے قانون کے بجائے اسی خصوصی قانون کے تابع ہے، اور اس مقدمے کی سماعت سندھ ہائی کورٹ میں ہوئی، جس نے ایکٹ کی شرائط کے مطابق ایک جج کے ساتھ ساتھ "ڈیلیگیٹس" (برادری کے نمائندے) بھی معاونت کے لیے مقرر کیے۔
بیوی نے ایکٹ کی دفعہ 32(جی) کے تحت طلاق کی درخواست دی، جو اس بنیاد پر شادی کے خاتمے کی اجازت دیتی ہے کہ میاں بیوی ایک مقررہ مدت تک ایک ساتھ نہ رہے ہوں۔ اس نے اپنے شوہر کے خلاف پہلے لگائے گئے سفاکی کے الزامات کی پیروی نہیں کی، بلکہ محض اس بات پر انحصار کیا کہ میاں بیوی تین سال سے زائد عرصے سے علیحدہ رہ رہے تھے۔ شوہر نے خود عدالت میں پیش ہو کر اس علیحدگی کی تصدیق کی اور کہا کہ اسے
Generated from the full judgment text below — not a substitute for reading the actual opinion.
PLJ 2015 Karachi 51 ------------------- Present: Amer Raza Naqvi , J. MS. GEETI MAHYAR DHATIGARA --Petitioner Versus MAHYAR MEHRWAN DHATIGARA --Respondent Divorce Petition No. 1 of 2014, decided on 5.9.2014. Parsi Marriage Divorce Act, 1939-- ----S. 32(g) Dissolution of marriage--Parties would not be compelled to remain in association against their will--Not living together for more than last three years--Sufficient for grant of petition u/S. 32(g) of Act--Validity--No objection to grant of petition and in opinion of delegates as well parties would not be compelled to remain in union against their will--Marriage between parties was dissolved--Office is directed to prepare decree for dissolution of marriage and send a copy to Registrar of Marriages appointed u/S. 7 of Parsi Marriage & Divorce Act, 1936--Petition stands disposed of. [P. 53] A Mr. Saadat Yar Khan , Advocate for Petitioner. Respondent present in person. Mr. Shorab Patel, Rowena Hansatia , Farida Dastoor , Percy Gazdar and Savak Mistry , Delegates. Date of hearing: 5.9.2014. Order This petition has been filed by the petitioner through her counsel for dissolution of marriage u/S. 32 of the Parsi Marriage & 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 for the reasons mentioned in the plaint petitioner seeks dissolution u/S. 32(g) of Parsi Marriage & Divorce Act, 1936. It has been alleged in the petition that respondent had never been interested to continue marriage and always tried to ignore the petitioner on one pretext or the other. It is also mentioned that petitioner realized that there was no compatibility between the parties yet petitioner decided to continue with the marriage in a hope that situation might improve with the passage of time. The stand of the respondent is that his attitude was never cruel with the petitioner, per learned counsel he is not pressing any such allegation. Per learned counsel ground for present petition is mentioned in Para (7) of the petition and parties are no living together for more than last three years and that fact is sufficient for grant of petition u/S. 32(g) of the Act. Respondent who is present in person says that in view of the fact that petitioner is trying to get divorce for quite some time and he does not want any association which is not based on willingness of both the parties and he does not want the petitioner to remain in an association of marriage against her will and for such reason he has no objection to the grant of petition. Respondent further says that it is a fact that parties are not living together for more than three years. The requirements of the Act appears to have been complied with. The delegates present today are also of the opinion that parties should not be compelled to remain in an association against their will. They also say that in the facts and circumstances of the case it would be appropriate and in the interest of justice that marriage may be dissolved, particularly in view of consent of respondent. As required u/S. 43 of the Act these proceedings are held in camera (chamber), however in presence of learned counsel for the petitioner, delegates and the parties. In my opinion the Act provides dissolution of marriage on the ground amongst others mentioned u/S. 32(g) of Parsi Marriage & Divorce Act, 1936. Respondent has extended no objection to the grant of petition and in the opinion of delegates as well parties should not be compelled to remain in union against their will. I therefore grant this petition and marriage between the petitioner and the respondent is dissolved. Office is directed to prepare decree for dissolution of marriage and send a copy to the Registrar of Marriages appointed u/s 7 of The Parsi Marriage & Divorce Act, 1936. Parties are left to bear their own costs. Petition stands disposed of. (R.A.) Petition allowed