As per Lawkidunya, In Pakistan, divorce laws for Christians are governed by the Christian Divorce Act of 1869, which is based on British law. Here are some key aspects:
Grounds For Divorce
1. Adultery: A spouse can file for divorce on the grounds of adultery.
2. Desertion: If one spouse deserts the other for two years or more, the deserted spouse can file for divorce.
3. Cruelty: A spouse can file for divorce if they are subjected to cruelty, which can be physical or mental.
4. Conversion: If one spouse converts to another religion, the other spouse can file for divorce.
Divorce Procedure
1. Filing a Petition: A spouse seeking divorce must file a petition with the relevant court.
2. Serving the Petition: The petition must be served on the other spouse, who has the right to respond.
3. Court Proceedings: The court will hear the case and make a decision based on the evidence presented.
4. Decree Nisi: If the court grants the divorce, it will issue a decree nisi, which becomes absolute after six months.
Maintenance and Child Custody
1. Maintenance: The court can order one spouse to pay maintenance to the other.
2. Child Custody: The court will decide child custody based on the best interests of the child.
Christian Divorce Act of 1869
This Act governs divorce proceedings for Christians in Pakistan. It provides for the following:
1. Jurisdiction: The court has jurisdiction to hear divorce cases involving Christians.
2. Grounds for Divorce: The Act lists the grounds for divorce, including adultery, desertion, cruelty, and conversion.
3. Procedure: The Act outlines the procedure for filing and hearing divorce cases.
Recent Developments
In 2019, the Pakistani government introduced the Christian Marriage and Divorce Act, which aimed to update the Christian Divorce Act of 1869. However, the new Act has not yet been implemented.
Please note that Pakistani laws and regulations can change, and individual circumstances can affect the application of these laws. For specific guidance, consult with a qualified lawyer or expert in Pakistani family law.