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PDF Editor FAQ

Does the Constitution of Pakistan allow free-will marriages?

Legal system of Pakistan is a blend of Anglo-Saxon laws coupled with Islamic jurisprudence.Presently about fifty one family laws are enforceable in Pakistan, out of which 37 laws are federal while the remaining are provincialSince Pakistan is a Muslim majority country, about sixteen family laws deal specifically with family matters relating to Muslims, eleven with Hindus, three with Christians and one federal law each with Sikhs and Parsis while about nineteen (19) are applicable across the board to all citizens of Pakistan, with a few exceptions.As per law of Pakistan, marriage is the legal union of a man and a woman as husband and wife with mutual consent.Under Muslim Personal Law, ‘marriage or Nikkah is a religious legal contract that regularizes the sexual relationship between man and woman.It is a civil contract which is legal if both parties are legally capable of contracting marriage and consent of both is involved to enter into the agreement (legal age is 18, LGBT marriage is punishable offence)Every marriage shall be registered with the legal authorities (apart from birth, death and divorce). This is also a prerequisite by many foreign embassies operating in the country for granting visaIn case of second marriage by female, valid divorce certificate or death certificate of deceased husband needs to be producedIn case of second marriage by male, written permission from first wife in black and white is a mustDivorce (Talaq) is dissolution of marriage/contract before the death of either spouse. It can be done at husband’s will or by mutual consent of the husband and wife or by a judicial decree at the suit of the husband or wife. A verbal divorce is not recognized by law; the husband must send written notice to the government office. Similarly, wife needs to present valid grounds for dissolution of marriage in the court as per The Muslim Family Laws Ordinance, 1961.Christian divorces are dealt under the Divorce Act, 1869. The primary concept of dissolution of marriage in Christianity is through the death of one of the spouses. Divorce during the spouses’ lifetime is permitted only on very restricted grounds for both husband and wife through court intervention.Sindh Hindu Marriage Act 2016 gives the right of separation to both husband and wife in addition to ensuring the financial security of wife and childrenIn Parsi law, including the Parsi Marriage and Divorce Act, 1936, any of the spouses can have the marriage dissolved by the following three modes, though there appears a little distinction between the rights of husband and wife in this respect: a) Suit for nullity, b) Suit for dissolution of marriage, c) Suit for divorce

What is the other option for divorce? Is separation legal?

Annulment of marriage on the basis of available ground for the same under the Law which covers your marriage. The voidable marriage is dissolved by the decree of nullity.The provision of judicial separation that allows both parties to live separately without dissolving the marriage, the chances to reunite and continue the marriage is open in this form of judicial process.In India both the above mentioned process as well the dissolution of marriage by decree of divorce through Family court only.

What are her rights on his government pension and other benefits after a long term separation (Divorce) in India?

Separation and divorce are two different things. The long term separation not necessarily result in dissolution of marriage by decree of divorce.The separated wife will be entitled to Family pension in government job of the deceased husband if her name was in the government records, however a divorced wife will not be legally entitled for family pension after the death of the ex-husband even though her name still existed in the government records and after the dissolution of the marriage by decree of divorce the amendment was not carried out by removing her name as wife of the government employee. Only the legal wife is entitled for family pension not the divorced wife.

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