SC: ‘Abandonment of Service is Not Voluntary Retirement’, Denying SBI Clerk Pension Benefits  ||  Supreme Court: Stranger Affected by an Interim Order is Entitled to be Impleaded in Writ Proceedings  ||  Supreme Court: Courts Cannot Replace an Authority’s Discretion, and Sets Aside Direction to Governor  ||  SC: Title Suit Hit by Constructive Res Judicata if Omitted in Prior Injunction Suit Disputing Title  ||  SC Clarifies Whether a Co-Operative Society Can Act as a Resolution Applicant under the IBC  ||  Chhattisgarh High Court: Innocent Litigants Should Not be Penalized For Lapses by Their Lawyers  ||  Delhi High Court: Marriage With the Victim Cannot Absolve an Accused of Rape under POCSO  ||  J&K&L HC: Acquisition Lapses if 80% Compensation is Unpaid Before Possession under Section 17A  ||  Delhi HC: Policy Number is Not Mandatory For LIC Details under RTI, But Basic Details are Required  ||  SC: Courts Must Curb Unlicensed Money Lenders; Probes Need Not Wait For New Law    

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