ZARINE NARI GANDHI Vs. NARIMAN PADAM GANDHI

JUDGEMENT

(1.) THIS is a suit instituted by the wife seeking decree of divorce of her marriage with her husband - the defendant herein on the ground of cruelty. She has also claimed protective relief in respect of residential premises, namely, a flat of which she is a tenant. The parties are Parsi Zoroastrian. It is to be noted that decree on the ground of cruelty is permissible under the amended provisions of Sec.33 (dd) of the Parsi Marriage & Divorce Act, 1936 (Hereinafter for brevity's sake referred to as the "said Act").

(2.) THE plaintiff wife is 70 years old and defendant husband is about 72 years old. They married at Bombay on 11th February, 1966 according to the Parsi Zoroastrian rites and customs and marriage certificate is Exh.A to the plaint. (The plaintiff and the defendant hereinafter are referred to respectively as wife and husband for the sake of brevity.)

(3.) AT the time of marriage the wife was in the employment of Life Insurance Corporation of India and the husband was the Marine Engineer by training and profession and had done jobs on High Sea and Shores. The evidence made available shows that the parties herein were known to each other since about the year 1959 although they married as stated earlier on 11th February, 1966.