Supreme Court: Non-Signatory Can Be Bound By an Agreement if Involved in Performing the Contract  ||  Supreme Court: 'Washed-Off Theory' Inapplicable in Assessing Employee Retention Suitability  ||  SC Directs States/UTs to Grant Ex-Servicemen Quota to Cadets Disabled 40% or More in Training  ||  Delhi High Court Quashed Cases over Allegations of Excess Lead Content in Maggi Noodles  ||  Madras High Court: Advocates Cannot Hinder Police From Producing Arrested Lawyers Before a Court  ||  Allahabad HC Awarded Rs. 4.75 Lakh Compensation Over Illegal Vehicle Confiscation in a Beef Case  ||  Allahabad High Court: Strong Suspicion, Not Proof of Guilt, is Sufficient to Frame Charges  ||  Delhi HC: Prior Sanction Not Required Where Cognizance Preceded 2018 PC Act Amendment  ||  Bombay High Court: The Notion of a "Perfect Victim" in Rape Cases is a Myth  ||  Allahabad High Court: Prior Agreement With Inquiry Report Doesn't Vitiate Disciplinary Proceedings    

Pakistan’s Hindu Marriage Act returns - (28 Mar 2016)

Family

Pakistani National Assembly’s Law and Justice Standing Committee recently approved the Hindu Marriage Act, which is set to be placed before the legislature in the coming days. But why is codification of religious belief of such importance? At present, Hindus in Pakistan have no legal proof of their marriage because the law simply does not recognise such a thing. All of a sudden that marriage certificate becomes very noticeably omitted; particularly if you need to prove your marital status abroad, pay taxes, open bank accounts or transfer property. Passing property by will or to legal heirs is treacherous, as kin are not kin and your spouse is simply not. A lack of proof of marriage opens the door to polygamy and exploitation. Penned down, laws bring stability in dealings, order to customs and also recourse to courts.

The new Act posits a basic administrative framework on Hindu marriage, even if greater social needs will be left wanting. Under the new law will be created a register recording Hindu marriages; formalisation will extend to separation, annulment and divorce. But while the legislation is silent on many cultural aspects, it may turn out deleterious on others. Section 17 of the purported Act may punish bigamy, but it raises the question: punish whom? Voiding a legal marriage in the existence of another spouse puts both relationships, legal and not, at par. Essentially, allowing the offender scot-free and leaving the legal spouse destitute.

By no means is the statute as exhaustive as the personal law that pervades India, but certainly a step it is.

Tags : PAKISTAN   HINDU MARRIAGE   BILL   PARLIAMENT  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved