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.