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Divorce remains sticking point in Hindu Marriage Act

Baby Leone

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ISLAMABAD:
The government and the Hindu community were unable to break their deadlock on Tuesday over the divorce clause in the Hindu Marriage Act. The clause has proved contentious since the bill was drafted in 2008, with the government defying Hindu leaders who believe divorce is not part of their religion’s culture.Hindus are the largest minority in Pakistan but have struggled to register marriages due to chronic delays to the passage of the act by Parliament.

“We will never allow the government to have a divorce clause in the Hindu Marriage Act,” said Chief Patron Pakistan Hindu Council Ramesh Kumar. “We have no concept of divorce in our religion,” said Kumar, a member in the National Assembly on a reserved seat for non-Muslims. Kumar has been campaigning for the issue for many years. In 2007 he filed a petition in the Supreme Court asking for help to solve the problem without further delay.

Minister for National Harmony Masih Gill said his department was in the final stages of drafting the revised bill. “The divorce clause is an integral part of the Hindu Marriage Act,” he told The Express Tribune. Adding weight to his argument, Gill pointed to India’s Hindu Marriage Act of 1956, which contains a divorce clause, and said that his ministry would consult Indian experts on the issue if a consensus is not reached.

Clause 13, the controversial passage of the proposed 16-page bill, states that any Hindu can divorce his wife or her husband at any time and in any court. Various conditions have been proposed for divorce proceedings. The new draft empowers any court to entertain any petition for the legal dissolution of a marriage. Various other rules have also been mentioned in the bill, such as when divorcees may marry again, the legal rights of children, void and voidable marriages, the punishment of bigamy and punishments for other contraventions of Hindu marriage laws.

The proposed bill seems unlikely to be a one-size-fits-all for minorities. Indeed, Sikh community leaders have dispelled the impression that the proposed bill can also be applied to marriage registrations of Sikhs based on the Indian model.

Meanwhile, a new member’s bill was introduced in Parliament on Tuesday, though the details are yet to emerge. Pakistan Muslim League MNA Kishan Chand Parwani introduced The Hindu Marriage Bill 2011 – which perhaps might offer a compromise which finally bridges the gap between Hindu leaders and the government.

Published in The Express Tribune, October 12th, 2011.
 
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When the Hindus themselves say they dont want divorce what makes the Govt given them one forcibly ? :lol:
 
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its strange that ppl are not empowered in hinduism:o

i means how a govt do this and Govt know better wht kinda cases are normally registered in courts regarding divorce...
plus can any hindu member shade some light on it as it says that other hindu countries like nepal and india have it in their laws......than why Pakistani hindus dont want it are pakistani hindus different from other hindus?

---------- Post added at 11:43 AM ---------- Previous post was at 11:41 AM ----------

When the Hindus themselves say they dont want divorce what makes the Govt given them one forcibly ? :lol:


please dont be a typical indian and try to add some thing good, u indians call it force that the talks for that take years...how stupid u r....
 
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its strange that ppl are not empowered in hinduism:o

i means how a govt do this and Govt know better wht kinda cases are normally registered in courts regarding divorce...
plus can any hindu member shade some light on it as it says that other hindu countries like nepal and india have it in their laws......than why Pakistani hindus dont want it are pakistani hindus different from other hindus?

---------- Post added at 11:43 AM ---------- Previous post was at 11:41 AM ----------




please dont be a typical indian and try to add some thing good, u indians call it force that the talks for that take years...how stupid u r....

Actually you are the one being ignorant here.

I asked why the draft laws contain clauses regarding divorce when the Hindus themselves dont want such clause ?

Yes there is no concept of divorce in Hindu laws as marriage is considered a very sacred bond and once married the husband and wife are obligated to live with each other in trust and faith, in good and bad.
 
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Actually you are the one being ignorant here.

I asked why the draft laws contain clauses regarding divorce when the Hindus themselves dont want such clause ?

Yes there is no concept of divorce in Hindu laws as marriage is considered a very sacred bond and once married the husband and wife are obligated to live with each other in trust and faith, in good and bad.

What if the husband is abusive? What if the wife cheats on her husband? What if the wife keeps nagging and nagging till her husband's ears start bleeding? What do you people do then?
 
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Actually you are the one being ignorant here.

I asked why the draft laws contain clauses regarding divorce when the Hindus themselves dont want such clause ?

Yes there is no concept of divorce in Hindu laws as marriage is considered a very sacred bond and once married the husband and wife are obligated to live with each other in trust and faith, in good and bad.

If the religious leaders were allowed to have the final say,tradition like 'Sati' would have still prevailed... The government (be it India and Pakistan) should interfere if it finds some sections are oppressed in a community. Eternal Bond etc does not hold good if the husband tortures his wife for dawry, beats her everyday after getting drunk........better having a clause for emancipation....
 
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If the religious leaders were allowed to have the final say,tradition like 'Sati' would have still prevailed... The government (be it India and Pakistan) should interfere if it finds some sections are oppressed in a community. Eternal Bond etc does not hold good if the husband tortures his wife for dawry, beats her everyday after getting drunk........better having a clause for emancipation....
Couldn't have said it better myself. Fundamental laws are best kept out of scope of religion.
 
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When the Hindus themselves say they dont want divorce what makes the Govt given them one forcibly ? :lol:

I think you are missing the point here, if somebody dont want divorce, then fine, let them live togheter until end of their lives. But what if marriage dont work? What if they want separation? In this case, the law should be there to address this issue if it happens.
 
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Everything becomes an issue around religion. In all religions the marriage vows are taken and made with honour and obviously living happil ever after. They are the base of how we all build our relationships on. If there is major misunderstandings and breakdowns and trying all methods of reconcilliation and if both partners cant live together then sadly they have to go their seperate ways. Guys i dont thing marriage vow concept is different if you are of a specific religion in the sub continent.
By the way in the UK less and less people are getting married and living together. Its the western way! Im pleased that we in the sub continent respect and rate marriage so important. Its the way to build family life and morals in my opinion
 
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