Christian Marriage Divorce Law in Pakistan. скачать в хорошем качестве

Christian Marriage Divorce Law in Pakistan.

عیسائی کے قانون وعقیدہ کے مطابق ڈیورس (طلاق) کیا ہے اور کیسے دی جاسکتی ہے ۔کونسے وجوہات میں ڈیورس (طلاق) برائے علیحدگی کی جاسکتی ہے Christian Divorce and Grounds for Divorce A divorce cannot be applied for until a couple has been married for at least one year. Divorce proceedings are started by filing a divorce petition at court. There is only one legal ground for divorce, which is that the marriage has irretrievably broken down. The person who starts proceedings, (called the Petitioner) must prove that the marriage has irretrievably broken down by establishing one of the following five facts: 1.Adultery 2.Unreasonable behaviour 3.Desertion i)2 years separation with consent ii)5 years separation (no consent required) Adultery You must prove that your spouse has had sexual intercourse with another person of the opposite sex and that you find it intolerable to live with your spouse. If a relationship short of sexual intercourse has taken place or it would be difficult to prove adultery, it is suggested that the unreasonable behaviour ground is used instead. This should prevent difficulties and delays later on. You can name the other person involved as a co-respondent but we strongly advise against doing so. Naming a co-respondent can not only make your relationship with your spouse more acrimonious, but can also lead to delays later on in the proceedings if the co-respondent refuses to sign papers admitting the adultery. Adultery can be used as the basis for a divorce petition whether you and your spouse are still living together or have separated. Not more than six months must have elapsed since you became aware of the adultery before the petition is sent to the court, unless the adultery is continuing. Importantly, you cannot petition for divorce on the grounds of your own adultery. Your spouse could divorce you on these grounds or you will need to use one of the other grounds - most commonly unreasonable behaviour. *Unreasonable Behaviour*1869 Divorce Act میں واضح ہے کہ جب تک درج کردہ موقف ثابت نہ ہو کوئی طلاق ڈگری نہیں ہو سکتی چونکہ خلع کا نظریہ مسیحی شادی میں نہ ہے جواب دعوی کی تحریر کو ٹھوس شہادت سے ثابت کرنا ہوتا ہے 2020-PLD-LHC-160 Unreasonable behaviour is now the most common fact on which to prove the ground for divorce in England and Wales. You must show that your spouse has behaved in such a way that you cannot reasonably be expected to live with him or her. In an unreasonable behaviour petition, the petitioner sets out a number of allegations against the respondent. If the allegations are particularly serious, e.g. violence, then one or two allegations may suffice. Section 2 of the Majority Act expressly excludes marriage and divorce from its application. A combined reading of this provision and section 11 of the Contract Act would show that they have no bearing on the capacity of a person to act in some matters, including marriage, which are left to be governed by the individual’s personal law – unless the Parliament has enacted a special law in that regard. As a result, the CMA and the Divorce Act of 1869 govern Christian marriage and divorce in Pakistan. The Child Marriage Restraint Act, 1929, does not override them. It is a separate law that punishes those who are responsible for an under-age marriage but does not nulify the marriage. “Consanguinity” is a relationship by blood while “affinity” is a relationship by marriage. The attitudes of different major world religions towards consanguineous and affinity marriages are diverse. Even in the same religion the practices and beliefs of one community and sect may differ from those of the others. Section 88 of the CMA recognizes that Christians have similar divisions and prohibits validation of any marriage “which the personal law applicable to either of the parties forbids him or her to enter into,” which includes a marriage within the prohibited degree of consanguinity and affinity. Writ Petition No. 63301/2021 Nasreen Bibi Vs. Station House Officer etc. Rafiq Khan Lound Adv 0333 6023706 Rafiq Khan Advocate High Court LLM