Ms. MITRA ERUCH KALAPESI Versus ERUCH KALAPESI

ORDER

1. AMER RAZA NAQVI, J.--- This petition has been filed by the petitioner through her counsel. The petition was sworn in the office of Consulate General of Pakistan Dubai. The petition is properly attested by the Counsellor Muhammad Hussain. The notice of this petition was issued to the delegates through Chairman Karachi Parsi Anjuman Trust Fund. Per learned counsel for the petitioner notices were also served through courier and he has filed copies of receipts of courier. It has been mentioned in para (12) of the petition that respondent has refused to continue marriage since last over nine years. The petitioner says in para (1) that she always realized that respondent was never interested in continuing with the marriage life. She further alleged that respondent never tried to share anything about the marital life but has always tried to avoid and ignore the petitioner.

2. Learned counsel for the petitioner submits that the only requirement under section 32(g) for dissolution of marriage is that parties should not be living together for the last three years, he says that petition is properly signed and verified by the office of Consulate General of Pakistan Dubai and since respondent is present, petition can be heard and disposed of without presence of petitioner particularly due to the fact that seven delegates are present to assist the Court in deciding the matter. Vakalatnama of counsel is also attested by office of Counsel General of Pakistan Dubai.

3. Respondent present in person says that although he does not accept the adverse allegation against him but it is a fact that parties are not living together for last nine years. He further says that he does not want to compel the petitioner to remain in association against her will and therefore in view of the fact that parties are not living together for the last nine years he has no objection to grant of this petition and for dissolution of marriage between the parties under section 32(g) of The Parsi Marriage and Divorce Act, 1936.

4. The delegates present state that in their view also parties should not be compelled to remain in the union of marriage against their will and marriage may be dissolved under section 32(g) of The Parsi Marriage and Divorce Act, 1936. They have identified the respondent.

5. Since the petition is not contested, respondent is present in person and has given his no objection to the grant of petition. Delegates as required under the Act are present to assist the Court in deciding the matter. As required under section 43 of the Act the proceedings have taken place in camera (chamber). I see not impediment to the grant of this petition in view of the no objection given by respondent and the opinion of the delegates. I therefore allow this petition and marriage between the petitioners and respondent is dissolved. Office is directed to prepare the decree and send a copy of the decree to the Registrar of Marriages appointed under section 7 of The Parsi Marriage and Divorce Act, 1936. Petition stands disposed of.

6. KMZ/M-184/Sindh Petition allowed.