Adv Ch Shahid Bhalli

Divorce Grounds & Procedure For Hindus in Pakistan

As per Lawkidunya, In Pakistan, the divorce procedure for Hindus is governed by the Hindu Marriage Act of 2017, which was passed by the Pakistani parliament to provide a legal framework for Hindu marriages and divorces. Here’s an overview of the divorce procedure:

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.
5. Insanity: If one spouse is insane for two years or more, the other spouse can file for divorce.
6. Dowry-related harassment: If one spouse is subjected to dowry-related harassment, they 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.

Hindu Marriage Act of 2017

This Act provides a comprehensive framework for Hindu marriages and divorces in Pakistan. It covers various aspects, including:

1. Registration of marriages: The Act requires Hindu marriages to be registered with the relevant authorities.
2. Divorce procedure: The Act outlines the divorce procedure, including the grounds for divorce and the court proceedings.
3. Maintenance and child custody: The Act provides for maintenance and child custody arrangements.

Important Notes

1. Jurisdiction: The Hindu Marriage Act of 2017 applies to Hindus living in Pakistan.
2. Customary laws: The Act recognizes customary laws and traditions of the Hindu community.
3. Court fees: The court fees for divorce proceedings vary depending on the court and the specific circumstances of the case.

Please consult with a qualified lawyer or expert in Pakistani family law for specific guidance on Hindu divorce procedures in Pakistan.

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