As per Lawkidunya, Divorce Laws For Non-Muslims in Pakistan are governed by the following laws:
Laws Governing Divorce
1. The Divorce Act, 1869: Applies to Christians in Pakistan, governing divorce, separation, and nullity of marriage.
2. The Parsi Marriage and Divorce Act, 1936: Applies to Parsis (Zoroastrians) in Pakistan, governing marriage, divorce, and separation.
3. The Hindu Marriage Act, 2017: Applies to Hindus in Pakistan, governing marriage, divorce, and separation.
4. The Special Marriage Act, 1954: Applies to couples who marry under the Special Marriage Act, which allows for interfaith marriages.
Grounds for Divorce
1. Adultery: A spouse can file for divorce on the grounds of adultery.
2. Desertion: A spouse can file for divorce if the other spouse has deserted them for a period of two years or more.
3. Cruelty: A spouse can file for divorce if the other spouse has treated them with cruelty.
4. Impotency: A spouse can file for divorce if the other spouse is impotent.
5. Insanity: A spouse can file for divorce if the other spouse is insane.
Divorce Procedure
1. Filing a Petition: The divorce petition must be filed in the relevant family court.
2. Notice of Divorce: The respondent (other spouse) must be served with a notice of divorce.
3. Reconciliation Attempt: The court may refer the case to a reconciliation counselor for reconciliation.
4. Divorce Decree: If reconciliation fails, the court will issue a divorce decree.
Key Considerations
1. Jurisdiction: Pakistan courts have jurisdiction over divorce cases involving non-Muslims if one spouse is a Pakistani citizen or resident.
2. Domicile: Non-Muslims must establish domicile in Pakistan to file for divorce.
3. Law of the Country of Origin: Non-Muslims may also be subject to the divorce laws of their country of origin.
Documents Required
1. Marriage Certificate: A certified copy of the marriage certificate.
2. Passport: A valid passport.
3. NICOP: A National Identity Card for Overseas Pakistanis (NICOP) if applicable.
4. Divorce Petition: A duly filled and signed divorce petition.
Timeframe and Fees
1. Divorce Proceedings: Typically take 6-12 months.
2. Court Fees: Vary depending on the court and the complexity of the case.
3. Lawyer Fees: Vary depending on the lawyer’s experience and the complexity of the case.
