P L D 2009 Karachi 261 (PLP)

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 taken up full responsibility of maintaining the house as well as her son. On account of strained relationship between the parties the respondent deserted the petitioner in the year 1991 whereby reconciliations were held after the lapse of three years they started living separately. It is averred that the petitioner has been living away from the respondent since 15th June, 2001 and respondent has withdrawn all the obligation rested upon him therefore the petitioner has resorted to file petition for dissolution of marriage. After the petition was admitted for hearing notices were issued under the Parsi Law to all the 28 delegates out of which following delegates have appeared in person:-- (1) Mr. Percy Noshir Gazder -- 42201-4975281-5 (2) Mr. Homi Dhun Ghjandialy -- 42301-4740600-7 (3) Mrs. Ruby Cawas Noshirwani -- 42000-0438231-2 (4) Mr. Aspi Sethna -- 42201-2497028-7 (5) Mrs. Aban Aga -- 42301-0808359-4 (6) Mr. Farrokh Mavalvala -- 42301-0909509-3 (7) Mr. Rustom Khursigara -- 42201-0507262-5 The above delegates have opined that the petitioner is entitled to a decree for dissolution of marriage on the ground of desertion. The respondent has appeared in person and has filed no objection in writing to the effect that on account of desertion of the petitioner the parties have been living separately, the petition be granted. I have heard Mr. Saadat Yar Khan learned counsel for petitioner and Mr. Abdul Majeed Khoso for respondent, perused the record of the case. In support of the above contention learned counsel for petitioner has placed reliance in case of Khurshed ASPI Jamula v. ASPI Dossabhoy Jamula PLD 1960 (W.P.) Karachi 178 which has been approved in the report of Behnaz Nausherwan Marfatta v. Arash Burjor Sethna PLD 2009 Kar. 114, in the aforesaid circumstances when the respondent has extended no objection and the delegates were also of the opinion that it will be impossible to the parties to live together in one roof therefore the petitioner has made out a case for the grant of the petition. In view of the consent of the respondent and the opinion of the delegates mentioned above the petition is granted, a decree for divorce is allowed under section 32(g) of the Parsi Marriage and Divorce Act II of 1936. The office is directed to prepare the decree and send a copy to the Registrar of Marriages appointed under section 7 of the Parsi Marriage and Divorce Act, 1936. The petition is allowed in above terms. Parties are left o bear their own costs. H.B.T./M-48/K Petition allowe