Aided By The Following Delegates

1. Mr. Adi Nariman Mogrelia (Foreman)

2. Mrs. Mithoo Sali Wadia

3. Mr. Sam Darabshah Patel

4. Dr. Jehangir Firojsha Deboo

5. Ms. Goolu Karani

G.S. Patel, J.

1. This Parsi Matrimonial Suit is filed by the wife seeking divorce on the ground of cruelty under Section 32(dd) of the Parsi Marriage & Divorce Act, 1936 (“PMDA”).

2. I have been aided by the delegates named above at the trial and the hearing of this suit. Their decision on facts is unanimous. Under Sections 19 and 46 the PMDA, the delegates are the sole judges of facts. Given their unanimous decision, it would not have been ordinarily necessary to set out the facts at any great length. I have done so for three reasons. The first is because there are very many issues framed, some of which lie within the remit of the delegates and others not, especially the question of alimony and residence; yet all are inter-dependent. The second is that although the delegates’ view is final and not appealable, there appears to be to this a narrow exception, i.e., one where an appeal is on the basis that the delegates ‘misconducted’ themselves on questions of fact (Dina Dinshaw Merchant v Dinshaw Ardeshi