Family Courts in Pakistan are only empowered to entertain cases of Muslims. The cases filed in Family Courts of Pakistan are governed under The Family Courts Act, 1964 and The Family Court Rules, 1965. Both these legislations are specific to Muslim spouses only.
If a case of a Hindu divorce is filed in a family court in Pakistan, then the judge do not have powers to entertain it. The same is subjected to the return of plaint because of lack of jurisdiction to entertain. The judge can on its own motion or on the request of either party return the plaint at any stage of the trial.
A fact is that 4% of the population of Pakistan comprises of Hindus, Christians and people from other religions. They are considered minority. In the flag of Pakistan, they are represented with white color while the Muslims are represented with green color. The minorities are having equal rights with the majority. It is just the right forum which they have to approach in case of legal conflicts.
The appropriate forum to file Hindu Divorce cases are the civil courts of Pakistan. Civil courts are empowered to entertain Hindu divorce cases despite the fact that there is no concept of Hindu Divorce as per scripture. However, Hindu Divorce cases are filed and entertained in accordance with the Divorce Act, 1955 which is an Indian legislation.
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Salman Yousaf Khan (Golra)
International Family Lawyer