Christian Hindu and Parsi Marriages

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Dissolution of Muslim Marriage

Christian Hindi and Parsi Marriages

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Christian, Hindu and Parsi Marriages

Unfortunately, unlike the reforms such as the Muslim Family Laws Ordinance of 1961 which have benefitted Muslim women, there has been no development since colonial times of the personal laws relating to these three communities. The Hindu community in particular do not have any specific codified laws relating to family matters which are instead governed by custom.

Members of minority communities can and do approach the country’s regular Family Courts since the Family Courts Act of 1964 does not restrict its jurisdiction to Muslims alone.

Christian Marriage & Dissolution

Christian marriage is a voluntary union for life between a man and a woman, to the exclusion of all others. Family matters among the Christian community are dealt with by the Christian Marriages Act of 1872 and the Divorce Act of 1869. One of the problems facing the community is the contradiction between the Christian Marriage Act and the Child Marriage Restraint Act of 1929 which sets the minimum age for marriage.

Essentials		Who can Solemnise Marriage	Penalties for Violation
Minimum age: girl: exceeding 13 years boy: exceeding 16 years either party to be Christian (in practice priests do not solemnise marriages unless both parties are Christian) free consent of both in public before 2 witnesses* see note below notice of marriage three consecutive calendar months before marriage registration of marriage with Registrar certificate of marriage solemnised in church, or with special permission, at private residence. Prohibited: certain marriages between relatives (related by blood and by affinity) are prohibited but these are not clearly defined in the Act		any person who has received Episcopal ordination provided the marriage is solemnised in accordance with rules, rites, ceremonies, customs of the church of which he is a Minister any clergy of the Church of Scotland * see note below any minister of religion holding a licence under the Christian Marriages Act a Marriage Registrar appointed under the Act any person appointed under the Act to grant certificate of marriage to native Christians	There are strong penalties of fine and imprisonment (in some instances up to 10 years) for violation of the . provisions in the Christian Marriages Act by the parties and/or the Registrar. However implementation is very rare.
Note:	according to the Act (Sec.19 & 60), if either of the spouses has not exceeded 18 years of age the certificate of marriage will not be issued unless the consent of the father/guardian/mother has been given. there is now no Church of England or Scotland in Pakistan. It is known as the Church of Pakistan polygamy is strictly prohibited among Christians

Dissolution of Christian Marriage,

Since marriage among Christians is regarded as a holy union, the primary concept of dissolution of marriage is through the death of one of the spouses and divorce during their lifetime is permitted only on very restricted grounds for both husband and wife. There is no concept of unilateral divorce and the courts have to be approached (although in practice, the Church does also grant dissolution of marriage).

Procedure for Divorce	Grounds’
by husband underSec.10 of the DivorceAct 1869 in the FamilyCourt	wife guilty of adultery
by wife under Sec.10 of the Divorce Act 1869 in the Family Court	husband guilty of adultery and since solemnisation of marriage husband converts to another religion; or husband is guilty of incestuous adultery; or husband is guilty of bigamy with adultery; or husband is guilty of marriage with another woman with adultery; or husband is guilty of rape, sodomy or bestiality; or husband is guilty of adultery coupled with cruelty husband is guilty of adultery coupled with desertion without reasonable cause for 2 years or more

Nullity of Marriage & Judicial Separation

Nullity of Marriage: Any wife or husband can approach the courts to have her/his marriage declared null and void on any of the following grounds under Sec 18 & 19 of the Divorce Act 1869 (the children of an annulled marriage however are legitimate and can inherit):

husband was impotent at the time of marriage and remains so

husband and wife fall within the prohibited degrees of consanguinity (natural & legal) or affinity

husband or wife was a lunatic or idiot at the time of marriage

former husband or wife of spouse is living and former marriage was still in tact

consent of husband or wife for marriage was taken by force or fraud

Judicial Separation: The wife or the husband can approach the courts to seek a judicial separation onthe grounds of adultery or cruelty or desertion without reasonable cause for 2 years or more.

Hindu Family Matters

Hindu family matters in Pakistan are primarily governed by custom and the essentials of a valid custom are that it should be ancient, certain, reasonable and not opposed to public policy.

Very few family matters among the Hindu community go to courts and most issues are settled through community forums. However, the scheduled castes, as opposed to the caste Hindus, do take their cases to the Family Courts. In general, there is no concept of divorce among Hindus, although some file divorce suits in the Family Courts pleading the existence of the custom in their community.

A Hindu widow can legally remarry under the Hindu Widow’s Marriage Act of 1856.

In the event of remarriage, if she is a minor and the previous marriage was not consummated, her father’s consent for remarriage is a must; however, if the widow is adult or the previous marriage was consummated, she can consent on her own.

On remarriage a Hindu widow loses her rights over her deceased husband’s property

A Hindu widow can be a guardian if this was expressed in the deceased husband’s will or she can approach the court to appoint a guardian if no other male was named as a guardian in the will.

Married Hindu Woman’s Right to Separate Residence & Maintenance

According to the Act of 1946, a married Hindu woman can claim separate residence and maintenance on

one or more of the following grounds:
husband suffering from any loathsome disease not contracted from wife
cruelty by husband and it is not safe for wife to live with husband
desertion or abandonment against her consent
husband has remarried
husband converts to another religion
husband keeps concubine
any other justifiable cause
The wife can be denied her claim if
she converts to another religion
becomes immoral
fails to comply with decree for restitution of conjugal rights without sufficient cause

Parsi Marriage

Requisites of a Valid Marriage

Penalties for Violation

Parsi Marriage & Divorce Act of 1936:

Minimum age:
21 for both girls & boys; otherwise prior consent of father of whichever party is under age

intending spouses are not related by consanguinity or affinity

to be solemnised in Parsi form (‘Ashirvad’) by a priest

in presence of 2 Parsi witnesses

marriage to be certified and signed by officiating priest

certificate to be signed by contracting parties and 2 witnesses

certificate to be registered with Registrar

copy of certificate to be given to Registrar General

all parties required for a valid marriage (i.e. spouses, witnesses, priest, Registrar, parent of minor) can be punished for violations

for priest neglecting responsibility of certifying marriage:
on conviction, imprisonment of up to 3 months and/or fine

for person required to attest certificate:
on omission or neglect, fine

for making a false certificate or knowingly making incorrect statements:
on conviction, imprisonment for up to 3 months and/or fine

for Registrar failing to enter certificate in entry register:
on conviction, imprisonment of up to one year and/or fine

Comments:

bigamy is strictly prohibited and carries heavy penalties:

whoever contracts a bigamous marriage: imprisonment of up to seven years with fine

whoever hides his/her existing marriage: imprisonment of up to ten years with fine

for priest knowingly or willfully solemnising a bigamous marriage: imprisonment of up to 6 months and/or fine under Sec.494 & 495 of PPC

Dissolution of Parsi Marriage

Form	Grounds
Divorce: can be initiated by wife or husband through the Family Court	marriage not consummated for one year after marriage because of willful refusal by spouse spouse was of unsound mind and is still so provided: this was not known to the other spouse at time of marriage. Such suit can only be filed after 3 years of marriage desertion for at least 3 years; if desertion by wife, requires decree for conjugal rights against her; if desertion by husband, requires separate maintenance suit decreed in wife’s favour and no marital relations for 3 years or more spouse jailed for 7 years or more and already 1 year of imprisonment has passed spouse fails to comply with decree for conjugal rights for 1 year or more spouse ceases to be Parsi husband can file if wife pregnant by another man at time of marriage and fact not known to husband at time of marriage; has to file suit within 2 years of marriage spouse involved in adultery, fornication, bigamy or rape or unnatural offence since marriage and spouse filing suit stopped conjugal relations on discovering fact; has to file suit within 2 years of marriage grievous hurt caused by spouse } infected with venereal disease by spouse } has to file suit within 2 years of act husband compels wife to prostitution }
Suit for Dissolution: can be initiated by wife or husband through the Family Court	continuous absence of spouse for 7 years and during this period not heard of by his/her known ones who would ordinarily know about him/her in the event of his/her being alive
Nullity Suit can be initiated by wife or husband through the Family Court	consummation of marriage not possible due to natural causes
Judicial Separation can be initiated by wife or husband through the Family Court	on grounds as above for divorce cruelty to his/her children spouse guilty of violence such court finds it improper to compel other spouse to live with violent spouse

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