History of the Parsis : including their manners, customs, religion and present position : with coloured and other illustrations : in two volumes

CHAP. V.] MR. JUSTICE MELVILL. 277

sion, should be passed into law. His Excellency the Governor in Council was pleased to add what, as a Parsi, the author feels proud in quoting :—‘ That Her Majesty possesses no subjects who, for loyalty, intelligence, capacity for public duties, liberality, sympathy

mature consideration by the Government, from the élite of the Parsi community, for their education, intelligence, and status in their community ; so that the constitution of the court is somewhat after the model of your old Panchayet. Under these circumstances, we must try to find some other causes why there are not more suits instituted in our court. It would suggest itself to every one that this paucity of cases may be accounted for either by the matrimonial relationship between a husband and wife being of a more peaceful and amicable kind among the Parsis than other nations, or that amongst the Parsis there exists in a high degree the feeling that such disputes should be settled out of court, and that friends are ever ready to intervene and amicably settle their differences. It is probable that both these causes operate to a certain extent. From the return I hold in my hand it appears that there have been out of fourteen cases for divorce only three suits in which the husband has succeeded in this court. Now, nothing can be more creditable to the Parsi community than this. It speaks well and highly of the chastity of their women, and can well account for the few cases in our court; for where the chastity of the women of the community is so high there can be little need for its matrimonial court ; and this in itself is matter for congratulation. There have been eleven eases for restitution of conjugal rights. Now, gentlemen, restitution is unknown in the courts of Europe or America, and is only kept in vogue in England and in this country, as it is incorporated in your Matrimonial Act. Ihave discussed this subject in a case that came before me some years ago in this court ; and it is not for me to question the wisdom of the Legislature. Still, I must say, it is a most inefficient remedy. A wife who has been compelled to go and live with her husband under the order of a court, and under a threat of imprisonment, can never love him; and there can be but little happiness between them. Restitution suits are generally instituted for the purpose of satisfying some private pique or spite. Gentlemen, it now only remains for me to thank you in return for your assistance to this court. - During the period I have presided over this court I have ever found the delegates