ACT NO.VII OF 2017
[17th March, 2017]
An Act to provide for solemnization of marriages by Hindu families and for matters ancillary and incidental thereto W HEREAS it is constitutional obligation that the state shall protect the marriage, the family, the mother and the child and also safeguard the legitimate, rights and interests of minorities; AND W HEREAS it is expedient to have a consolidated law providing for solemnization of marriages by Hindu families and the matters connected therewith and incidental thereto; AND W HEREAS the Provincial Assemblies of Balochistan, Khyber 'Pakhtunkhwa and Punjab have passed Resolutions under Article 144 of the Constitution of the Islamic Republic of Pakistan to the effect that Majlis-e-Shoora (Parliament) may, by law, regulate solemnization of marriages by Hindu families and for matters connected therewith and incidental thereto; It is hereby enacted as follows:—
1. Short title, extent, application and commencement. 2. Definitions. 3. Overriding effect of Act. 4. Conditions for a Hindu marriage. 5. Ceremonies for Hindu marriage. 6. Registration of Hindu marriages. 7. Appointment and functions of marriage registrar. 8. Restitution of conjugal rights. 9. Judicial separation. 10. Void marriage. 11. Voidable marriage. 12. Termination of Hindu marriage. 13. Financial security of wife and children. 14. Alternate relief in termination of marriage proceeding. 15. Termination of Hindu marriage by mutual consent. 16. Separated person may marry again. 17. Hindu widows are entitled to remarry. 18. Legitimacy of child born out of void and voidable Hindu marriage. 19. Validation of marriages. 20. Punishment of bigamy. 21. Punishment for contravention of certain other conditions for Hindu marriage. 22. Court to which petition shall be presented. 23. Penalty for violating the provision of this Act. 24. Cognizance of offence under this Act. 25. Power to make rules.
It extends to the Islamabad Capital Territory and the Provinces of Balochistan, Khyber Pakhtunkhwa and Punjab.
Subject to sub-section (2), it shall apply to those citizen of Pakistan who profess Hindu religion in any of its forms.
It shall come into force at once.
(a) “Court” means a Family Court as defined under the West Pakistan Family Courts Act, 1964 (W.P. Act, XXV of 1964); (b) “customs” and “customary rites” mean any tradition which is not unlawful and the same has been continuously and uniformly observed for a long time among Hindus in any local area, tribe, community, group or family; (c) “degrees of prohibited relationship” means any prohibited relationship as per laws, religion and customs having force of law relating to Hindu persons; (d) “Government” means the Federal Government or the Provincial Government as the case may be; (e) “Hindu marriage” means the union of Hindu male and Hindu female solemnized under this Act and includes the marriage solemnized before commencement of this Act in accordance with the law, religion and customs having force of law relating to Hindu persons; (f) “marriage register” means register of marriages maintained. by marriage registrar as may be prescribed; (g) “marriage registrar” means a person authorized and appointed by the Government to register Hindu marriages under this Act; (h) “prescribed” means prescribed by rules made under this Act; and (i) “shaadiparat” means certificate of marriage issued by the marriage registrar, which certifies the solemnization of Hindu marriage.
(a) at the time of marriage, the parties are of sound mind and capable of giving a valid consent; (b) both the parties are not below the age of eighteen years; (c) the parties to the marriage are not within the degrees of prohibited relationship; and (d) neither party has a spouse living at the time of marriage: Provided that condition in clause (d) shall not apply where a living female spouse cannot conceive a child and medically declared to be so.
The marriage register shall be open for inspection and shall be admissible as evidence of the contents contained therein or certified extracts there from shall, on application, be given by the marriage registrar on payment of such fee, as may be prescribed.
For the purposes of registration of Hindu marriage, the marriage registrar or person duly authorized by him from amongst the local Hindu community in the manners as may be prescribed, shall be responsible to register the marriage. The parties to Hindu marriage shall give their particular to the respective registrar or his authorized person for the purpose of entry thereof in shaadiparat.
The form of shaadiparat, the record to be preserved and maintained by the marriage registrar shall be such as may be prescribed. Until the rules are made, the shaadiparat annexed as Schedule A of this Act shall be used as shaadiparat.
The marriage registrar shall prepare such number of copies as may be prescribed and unless the rules are made, he shall prepare three copies thereof. One copy each shall be given to the respective parties to marriage and one copy shall be kept in the office of marriage registrar as a public record.
Explanation—Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
Where a decree of judicial separation has been passed, the Court may, on the application of both the parties and on being satisfied of truth of statements made in such petition, rescind the decree if it considers it just and reasonable to do so.
(a) the marriage has not been consummated owing to impotence of the respondent; or (b) the marriage has been solemnized in contravention of the condition specified in clause (b) of section 4; or (c) consent of the petitioner was obtained by force, coercion or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or (d) the respondent was at the time of marriage pregnant by some person other than the petitioner.
Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage,— (A) on the ground specified in clause (c) of sub-section (1), shall be entertained, if— (i) the petition is presented more than one year after the force or coercion had ceased to operate or, as the. case may be, the fraud had been discovered; or (ii) the petitioner has, with his or her full consent, confirmed to live with the other party to the marriage as husband or wife after the force had ceased to operate, or, as the case may be, the fraud has been discovered; and (B) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the Court is satisfied that— (i) the petitioner was, at the time of marriage, ignorant of the facts alleged; and (ii) he proceedings have been instituted, In the case of marriage solemnized— (a) before the commencement of this Act within one year of such commencement; and (b) after such commencement, within one year from the date of the marriage.
(a) that the other party — (i) has, after the solemnization of the marriage, treated the petitioner with cruelty; or (ii) has deserted the petitioner for continuous period of not less than two years immediately proceeding the presentation of the petition: Explanation.—In this clause, the expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party and includes the willful neglect of the petitioner by the other party to the Marriage; or (iii) has ceased to be Hindu by conversion to another religion; or (iv) has been incurably of unsound mind or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent; Explanation.—In this clause, the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind including schizophrenia and the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party and whether or not it requires or is susceptible to medical treatment; or (v) has been suffering from a virulent and incurable from of leprosy; or (vi) has been suffering from venereal disease in a communicable from or HIV Aids; or (vii) has renounced the world by entering any religious order; or (b) that there has been no resumption of cohabitation as between the parties to the marriage for a period of more than one year after he passing of decree for judicial separation or order of restitution of conjugal rights passed by the Court.
A wife may also present a petition for termination of her marriage on the grounds,— (a) in the case of any marriage solemnized before commencement of this Act, that the husband had married again before such commencement or that another wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the presentation of the petition; or (b) that the husband has neglected or has failed to provide for her maintenance for a period of two years; (c) that the husband has been sentenced to imprisonment for a period of four years or upwards; or (d) that her marriage, whether consummated or not, was solemnized before she attained the age of eighteen' years and she has repudiated the marriage before attaining that age; Explanation.—This clause .applies whether the marriage was solemnized before or after commencement of this Act.
Provided that nothing contained in this Act shall affect any right which she may have to her dower or any part thereof on the termination of marriage.
The Court shall not pass a decree of termination unless the Court is satisfied that adequate provisions for the maintenance of children born out of the marriage has been made in commensuration with the financial capacity of the parties to the marriage.
On the decision by both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, the Court shall, on being satisfied after hearing the parties and after making such inquiry as- it thinks fit that a marriage has been solemnized and that the averments in the petition are true, pass a decree of termination declaring the marriage to be terminated with effect from the date of the decree.
Where a decree of nullity is granted in respect of a voidable Hindu marriage under section 11, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been terminated instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.
specified in clauses (b) or (c) of section (4) shall be punishable with simple imprisonment-which may extend to six months but not less than three months, or with fine which may extend to five thousand rupees; or with both.
(a) the West Pakistan Family Courts Act, 1964 (WPXXXV of 1964) except proviso of sub- section (4) of section 10, sub-section (2) of section 14 and section 21 and 23 thereof; and (b) the West Pakistan Family Court Rules 1965, except proviso to clause (b) of rule (6) thereof; shall mutatis mutandis apply to the proceedings under this Act.
Any person who make statement or give particulars to be entered in the shaadiparat, which is false or has reason to believe to be false; shall be punished with a simple imprisonment which may extend to six month but not less than one month of a fine which may extend up to one hundred thousand or with both.
[See Section 7(3)]
Date of Marriage:
Name of Union Council, Tehsil, Town, District: Particulars of Groom: i. Full Name: CNIC No. ii. Father's Name: CNIC .No. iii Mother's Name: CNIC No. iv Date of Birth: v Temporary Address: vi. Parmanent Address: vii. Matrimonial Status Single Married Divorced Widower viii. Number of Dependents:
Particular of Bride: i. Full Name: CNIC No. ii. Father's Name: CNIC No. iii. Mother's Name: CNIC No. iv. Date of Birth: v. Temporary Address: vi. Permanent Address: vii. Matrimonial Status: Single Married Divorced Widow viii. Number of Dependents:
Signature of Bride:
Signature of Groom:
(CN1C No. ) (CNIC No. )