‘Most divorces among Parsis due to adultery’

MUMBAI: Jury trials came to India with the British and were abolished after the now infamous 1959 Nanavati murder trial. But not many know that matrimonial disputes among the Parsi community are still tried by a fivemember jury.

This Friday, the Bombay high court concluded a 10-day jury trial session, the last such sitting to be held this year. The HC conducts about two such sessions each year to dispose of pending matrimonial suits of the Parsi community in the city.

The court convenes at the central hall in the high court premises, and besides the judge who oversees the trials, a five-member jury, known as ‘delegates’, sits opposite to the witness box. The judge picks five names through a draw of lots.

The just concluded session, which had two women and three men, presided over 27 cases — mostly seeking divorce, or revision of custody arrangements — of which, six were disposed of after extensive arguments, and two were decided through mutual consent.

While matrimonial disputes in a regular family court inevitably drag on for years, the delegates ensure that the cases before them see a swift end.

These complications over alimony

amount, the delegates said, are common as “more marriages in the community seem to be ending in divorces these days”.

While the earliest Zoroastrian community rules granted only a man the right to divorce his wife, the law has changed considerably over time and now the delegates allow couples to divorce if allegations over adultery, bigamy, cruelty, or desertion are proved.

“Adultery is the most common reason these days for divorce. The second most common reason is greed — you see,” said a delegate, a retired banker.

“The delegates however, are required only to give their consent for divorce. The rest of the terms of settlement are argued by the lawyers and the HC judge has the final word over the settlement terms,” said advocate Sanobar Nanavati, who has been dealing with Parsi matrimonial disputes for over two decades.

But most in the community agree that the jury system serves well. “It is because the delegates are pragmatic and above all, are aware of the nuances of our com munity,” said one of the litigants

The arguments in the Pars matrimonial cases too are dif ferent from those in a regular matrimonial dispute.

“The arguments are much more emotional and dramatic almost resembling that in a movie. It’s because, we are plead ing our case before five members who have nothing to do with our regular legal system. So we can not harp on the laws alone but must make an emotional pitch to establish a connect,” Nanavat said. Justice Gautam Patel, who presided over the cases, has also scheduled a two-day special ses sion in September this year for one of the cases that could not be concluded despite extensive arguments.