P&H HC: Eyewitness Account Not Credible if Eyewitness Directly Identifies Accused in Court  ||  Delhi HC: Conditions u/s 45 PMLA Have to Give Way to Article 21 When Accused Incarcerated for Long  ||  Delhi High Court: Delhi Police to Add Grounds of Arrest in Arrest Memo  ||  Kerala High Court: Giving Seniority on the Basis of Rules is a Policy Decision  ||  Del. HC: Where Arbitrator has Taken Plausible View, Court Cannot Interfere u/s 34 of A&C Act  ||  Ker. HC: No Question of Estoppel Against Party Where Error is Committed by Court Itself  ||  Supreme Court: Revenue Entries are Admissible as Evidence of Possession  ||  SC: Mere Breakup of Relationship Between Consenting Couple Can’t Result in Criminal Proceedings  ||  SC: Bar u/s 195 CrPC Not Attracted Where Proceedings Initiated Pursuant to Judicial Order  ||  NTF Gives Comprehensive Suggestions on Enhancing Better Working Conditions of Medical Professions    

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 2024 - All Rights Reserved