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Bench of Justices Kurian Joseph and Amitava Roy of the supreme court have agreed to examine the Parsi Marriage and Divorce Act based on a plea challenging the provisions of this act of the pre-independence era. The court has also asked the centre government their stand on the issue and have asked the petitioner to handover plea’s copy to Additional Solicitor General. The matter has been adjourned for next week.
The plea is filed by a parsi woman and the court has said that they also want the government’s view and stand on the issue. The petition challenges the jury system in the divorce matter provided in the Parsi Marriage and Divorce Act, 1936.
The petitioner’s advocate has referred to the recent judgement of Supreme Court, wherein the court declared the triple talaq by muslims as unconstitutional, illegal and void. It was further submitted by the petitioner that the issue in case of parsi divorce also needs to be considered. While hearing the matter the court was shocked to note that the provision is enforced since 1936 and yet nobody has challenged it until now.
The Petitioner’s Advocate agreed with the court and submitted that the family courts today are taking up every kind of issue except this and that is why the present petition is filed before this court for considering the matter.