Tuesday, 18 November 2014

Concept of Hindu Divorce in Pakistan and India

There is no concept of divorce in Hinduism as far as scripture is concerned. However, traditionally in some hindu communities divorce is practiced since time immemorial. That is why courts all over the world recognize the principle of Hindu Divorce.

India is the biggest country as far as Hindu Population is concerned. Since it is a secular democracy, it has enacted legislation on Hindu Divorce decades ago. It is based on divorce legislation already present in the country by the name of the dissolution of Muslim Marriages Act, 1939. The best legislation present on Hindu Divorce is known as The Hindu Divorce Act, 1955. It is an Indian legislation which is recognized all over the world.

There is no legislation present on Hindu Divorce in Pakistan. The reason is that the Hindus are in minority in Pakistan which make up around 1% of the population. However, courts in Pakistan admire the Hindu legislation from around the world especially from India. Hindu divorce cases are filed in civil courts in Pakistan.

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Salman Yousaf Khan (Golra)
Advocate High Court

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Salman Yousaf Khan
International Lawyer