This Parsi divorce court convenes only twice a year

Indian courts abound with pending cases, but there is a court which does not seem to have much in hand.

Article by Hetal Vyas / DNA India

Therefore, it sits only twice a year. It’s a divorce court for Parsis, which operates from the Bombay high court and has five members from the community on the jury.

Earlier, the court, presided over by a high court judge, used to assemble just once a year. This year, it was held in March, where justice DG Karnik and the five delegates heard about 17 cases. The session, which went on for about half a day, did not dispose of any petition and most of the cases were adjourned to the next session, which will now be in October 2010.

A Parsi woman, who has filed a divorce petition, said that as cases are heard only once or twice a year, it creates problems for litigants. “The court sits just twice a year, which makes it mandatory for litigants to wait for long,” the woman added.

However, Dr Viraf Kapadia, who is one of the delegates for this session, said: “It is okay to have two sessions. It is like a fast-track court. As the community is very small and the number of cases is not very high, two sessions a year are reasonable.”

Incidentally, there have been debates to transfer the Parsi matrimonial cases to family courts because matrimonial cases of all other religions are heard in family courts.

But lawyers say that transferring the cases to family courts would be difficult because as per the Parsi Marriage and Divorce Act, the court has to have the five members of the community.

  • daisy

    My divorce case was settled in a foreign country (In any court) and then my parsee divorce papers were sent to me by my father signed and agreed by the high priest of my home town in India.

  • Siloo Kapadia

    This also reflects the high incidence of Parsis remaining single and not marrying. Many of our youth put career above family and all else.

  • Perzen

    Hi Siloo, it could also reflect that parsi couples stay together more often and therefore there is no real demand for a divorce court to convene more than twice a year..

  • Ratheshtar

    Its very sad that people in todays world don’t understand the spiritual importance of marriage.

    May HE come soon. 🙂

  • Siloo Kapadia

    Yes Perzen, it does reflect both facts.

  • Noshir Minocher Khambatta

    The tragedy with the Parsi Divorce Court is not just that it meets twice a year, but that the cases are disposed off, often quite tersely and swiftly without adequate listening of both sides. And six months is a long period to wait in this fast moving world. Let five retired Parsi lawyers meet once every two months and hold impartial hearings to give due justice to our fair and noble community’s divorce problems.
    We deserve this much needed service and we have excellent lawyers who can serve us. We need not go elsewhere.

  • Farzana

    How many Bawas get married?? How marry of them marry bawis and bawis marry bawas these days?

    btw, divorcing a partner is a SIN of soul – Doode Vehan-vasovashi according to the very scriptures that avesta thumpers swear by. So if a orthodox traditionalist avesta thumper seeks a divorce should he be called a Deformist or a Hypocrite?

  • mehrab

    SAD State of government works in india;

  • gb

    Two months back in Davier Agiary Annual function, Mr. Yazdi Desai gave a very long speech about parsi girls marrying non-parsees and the same should be stopped. He invited parents to communicate with him and take his help as intervention so that he can personally guide the young girls and stop them from marrying non-parsees. When this couple contacted bpp for help / guidance / marital counselling, they just couldn’t help. result is the family is now already broken and they are going ahead with divorce. the daughter will soon commit BIGAMY and parsees will reduce in numbers day by day. Really shameful situation. God help them.

  • gb

    Two months back in Davier Agiary Annual function, Mr. Yazdi Desai gave a very long speech about parsi girls marrying non-parsees and the same should be stopped. He invited parents to communicate with him and take his help as intervention so that he can personally guide the young girls and stop them from marrying non-parsees. When this couple contacted bpp for help / guidance / marital counselling, they just couldn’t help. result is the family is now already broken and they are going ahead with divorce. the daughter will soon commit BIGAMY and parsees will reduce in numbers day by day. Really shameful situation. God help them.

  • gb

    Any suggestions from anyone to improve on the system to get divorce faster. please inform. thanks in advance.

  • gb

    Any suggestions from anyone to improve on the system to get divorce faster. please inform. thanks in advance.