Thursday, April 26, 2012

Punchayet to provide house to divorced Parsi

Punchayet to provide house to divorced Parsi


A man — embroiled in tenancy dispute with his wife over a flat a sprawling flat at Cusrow Baug in Colaba in south Mumbai — has got accommodation, thanks to the Parsi Punchayet.

The matrimonial dispute which would have gone on for years has been settled quickly with the involvement of the Parsi Punchayet, observed the Bombay high court on Wednesday.

A division bench of justice PB Majmudar and justice AV Mohta said: “We appreciate the Parsi Punchayet for taking a humanitarian and practical approach.”

As directed, Parsi Punchayet’s chairperson Dinshaw Mehta was present in court on Wednesday. The husband had been restrained by the single judge from entering the matrimonial house, pending divorce. He had challenged the order.

Mehta told the court that the Parsi Punchayet will provide accommodation to the husband at Godrej Baug at Nepeansea Road. The wife has agreed to pay Rs1 crore refundable deposit to the Parsi Punchayet for the flat. The flat will be on leave and license agreement renewable every five years, Mehta told the court.

Eighty per cent of the deposit is refundable if the husband decides to vacate the premises or dies. The high court said that in case the deposit is refunded, the Parsi Punchayet will give Rs25 lakh to the couple’s 11-year-old daughter.

The husband has been allowed to stay in the Cusrow Baug flat until May 7 between 8pm and 10am.

The couple has agreed to dissolve the marriage mutually. The child’s custody has been given to the mother.

The high court has clarified that the order shall not be treated as precedent.

“If it is treated as a precedent, then every Parsi couple involved in a dispute will ask for an alternative accommodation,” Mehta said.

“All communities should adopt such practice (providing accommodation),” said justice Majmudar.

However, he was quick to add that the Parsi community could work out such a system because they were few in number.

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