After declaring instant triple talaq , practised in Muslim community as unconstitutional, the Court will now decide validity of provisions of personal law of Parsi community.The procedure under the 1938 personal law is exasperatingly cumbersome, involving a system akin to jury decision, and grants no access to mediation and settlement as available to Hindu women under the family court system. "These delegates... act like jury and the case is decided by majority decision. It is a fact that Parsi chief matrimonial court sits only once or twice a year... only for a short duration. In view of increase in divorce petitions, jury as a fact finding body practically impedes speedy justice," Irani said and requested the court to do away with the jury system. "The jury delegates adjudicate a divorce petition based on their personal notion of societal norms, morality and ethics, which may not be in sync with the principles of natural justice and the ethos and dynamics of society," the petition said and sought replacement of this system with the procedure provided under family courts, which attempts to provide speedy settlement through reconciliation.
Source: Times of India December 01, 2017 13:30 UTC