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Forum Home > General Discussion Topics > Christian Marriage Law - Pakistan

Kashif
Member
Posts: 40

Christian Marriage & Dissolution


Christian marriage is a voluntary union for life between a man and a woman, to the exclusion of all others. Family matters among the Christian community are dealt with by the Christian Marriages Act of 1872 and the Divorce Act of 1869. One of the problems facing the community is the contradiction between the Christian Marriage Act and the Child Marriage Restraint Act of 1929 which sets the minimum age for marriage.


Essentials

  • Minimum age: girl: exceeding 13 years boy: exceeding 16 years
  • either party to be Christian (in practice priests do not solemnise marriages unless both parties are Christian)
  • free consent of both in public before 2 witnesses* see note below
  • notice of marriage three consecutive calendar months before marriage
  • registration of marriage with Registrar
  • certificate of marriage
  • solemnised in church, or with special permission, at private residence.
  • Prohibited: certain marriages between relatives (related by blood and by affinity) are prohibited but these are not clearly defined in the Act

Note:   

  • according to the Act (Sec.19 & 60), if either of the spouses has not exceeded 18 years of age the certificate of marriage will not be issued unless the consent of the father/guardian/mother has been given.
  • polygamy is strictly prohibited among Christians


Who Can Somnise Marriage ?

  • any person who has received Episcopal ordination provided the marriage is solemnised in accordance with rules, rites, ceremonies, customs of the church of which he is a Minister
  • any clergy of the Church of Scotland * see note below
  • any minister of religion holding a licence under the Christian Marriages Act
  • a Marriage Registrar appointed under the Act
  • any person appointed under the Act to grant certificate of marriage to native Christians

Note:    there is now no Church of England or Scotland in Pakistan. It is known as the Church of Pakistan


Penalities for Violation:


There are strong penalties of fine and imprisonment (in some instances up to 10 years) for violation of the . provisions in the Christian Marriages Act by the parties and/or the Registrar. However implementation is very rare.


Dissolution of Christian Marriage:


Since marriage among Christians is regarded as a holy union, the primary concept of dissolution of marriage is through the death of one of the spouses and divorce during their lifetime is permitted only on very restricted grounds for both husband and wife. There is no concept of unilateral divorce and the courts have to be approached (although in practice, the Church does also grant dissolution of marriage).


Procedure for Divorce    

                                   

by husband under Sec.10 of the Divorce Act 1869 in the Family Court

Grounds: wife guilty of adultery

____________________________________


Procedure for Divorce


by wife under Sec.10 of the Divorce Act 1869 in the Family Court

Grounds:

husband guilty of adultery and

since solemnisation of marriage husband converts to another religion; or

husband is guilty of incestuous adultery; or

husband is guilty of bigamy with adultery; or

husband is guilty of marriage with another woman with adultery; or

husband is guilty of rape, sodomy or bestiality; or

husband is guilty of adultery coupled with cruelty

husband is guilty of adultery coupled with desertion without reasonable cause for 2 years or more

____________________________________


Nullity of Marriage & Judicial Separation


Nullity of Marriage: Any wife or husband can approach the courts to have her/his marriage declared null and void on any of the following grounds under Sec 18 & 19 of the Divorce Act 1869 (the children of an annulled marriage however are legitimate and can inherit):

  • husband was impotent at the time of marriage and remains so
  • husband and wife fall within the prohibited degrees of consanguinity (natural & legal) or affinity
  • husband or wife was a lunatic or idiot at the time of marriage
  • former husband or wife of spouse is living and former marriage was still in tact
  • consent of husband or wife for marriage was taken by force or fraud

Judicial Separation: The wife or the husband can approach the courts to seek a judicial separation onthe grounds of adultery or cruelty or desertion without reasonable cause for 2 years or more.


Know Your Nuptial Rights


 Source: SDPI

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Kashif

February 16, 2010 at 6:01 AM Flag Quote & Reply

qaisar.gill@yahoo.com
Member
Posts: 1

hello my Bro how are u i m qaisar gill from pakistan

February 17, 2010 at 3:06 AM Flag Quote & Reply

dani
Member
Posts: 3

hi bro i am dani from pakistan rawalpindi.hows u

February 17, 2010 at 5:51 AM Flag Quote & Reply

Mastermind
Member
Posts: 96

Thankx a lot for the Formal / Official information.

God Bless You

February 17, 2010 at 6:00 AM Flag Quote & Reply

Tabish
Administrator
Posts: 86

thanks for the info brother

February 17, 2010 at 11:28 AM Flag Quote & Reply

Aroona
Member
Posts: 5

nice informative article janab.

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February 22, 2010 at 5:18 AM Flag Quote & Reply

Aroona
Member
Posts: 5

kasha i think da age dat was written in da articl 4 marrige iz nt rite age i mean gul 13 nd boy 16 i think they should b off 20 or 20 plus 4 getting married dan they must knw wat r dere responsibltzzzzzzzzz.

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February 27, 2010 at 9:35 AM Flag Quote & Reply

Aroona
Member
Posts: 5

kasha i think da age dat was written in da articl 4 marrige iz nt rite age i mean gul 13 nd boy 16 i think they should b off 20 or 20 plus 4 getting married dan they must knw wat r dere responsibltzzzzzzzzz.

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February 27, 2010 at 9:35 AM Flag Quote & Reply

Aroona
Member
Posts: 5

kasha i think da age dat was written in da articl 4 marrige iz nt rite age i mean gul 13 nd boy 16 i think they should b off 20 or 20 plus 4 getting married dan they must knw wat r dere responsibltzzzzzzzzz.

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February 27, 2010 at 9:35 AM Flag Quote & Reply

robin
Member
Posts: 2

if girl will muslim & boy christian then ?        what should they do //??


 please reply

March 5, 2010 at 2:27 PM Flag Quote & Reply

Kashif
Member
Posts: 40

robin at 02:27PM on Mar 05, 2010

if girl will muslim & boy christian then ?        what should they do //??


 please reply

In Pakistan, it is forbidden for a Muslim woman to marry non-Muslimman. In Islam, with such a marriage, woman is considered as leavingIslam.That is why such marriages were prohibited to begin with. Deathis the punishment for leaving Islam voluntarily and our society alsodoes not PERMIT this at all.


Look, we have bible to consider if we are genuine believers, READ BIBLE  whichsays,  "Do not be yoked together with unbelievers. For what dorighteousness and wickedness have in common? Or what fellowship canlight have with darkness? What harmony is there between Christ andBelial [Satan]? What does a believer have in common with anunbeliever?  What agreement is there betweenthe temple of God andidols?" [2 Corinthians 6:14-16]


To Fall in love, for reasons unknown, is a seperate thing but  by the Christian Marriage view point, disobeying Bible and knowing the complications that one could confront in the society by marrying a non christian girl, ALWAYS NEED TO BE CONSIDERED FIRST.

 


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Kashif

March 8, 2010 at 1:33 AM Flag Quote & Reply

Kashif
Member
Posts: 40

Aroona at 09:35AM on Feb 27, 2010

kasha i think da age dat was written in da articl 4 marrige iz nt rite age i mean gul 13 nd boy 16 i think they should b off 20 or 20 plus 4 getting married dan they must knw wat r dere responsibltzzzzzzzzz.

My Dearst of All,


i just put here what the prevailing pakistani Christian Marriage Law says.

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Kashif

March 8, 2010 at 1:37 AM Flag Quote & Reply

Aroona
Member
Posts: 5

ok g ok so nice ov u g 4 gvng me sch kind ov info

--


March 9, 2010 at 2:44 AM Flag Quote & Reply

shary
Member
Posts: 3

hi bro i'm shary  bro i want 2 know that if a husband change a religion then wht can a wife do.she can divorse him or not

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shary:D

March 9, 2010 at 8:25 AM Flag Quote & Reply

Kashif
Member
Posts: 40

shary at 08:25AM on Mar 09, 2010

hi bro i'm shary  bro i want 2 know that if a husband change a religion then wht can a wife do.she can divorse him or not

I think thats in the above paragraphs. The wife can seek for divorse under Sec.10 of the Divorce Act 1869 in the Family Court on the Ground of  husband converting to another religion after solemnisation of a christian marriage.



 

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Kashif

March 9, 2010 at 11:01 PM Flag Quote & Reply

Mary Christ
Member
Posts: 61

Kashif at 01:37AM on Mar 08, 2010

Aroona at 09:35AM on Feb 27, 2010

kasha i think da age dat was written in da articl 4 marrige iz nt rite age i mean gul 13 nd boy 16 i think they should b off 20 or 20 plus 4 getting married dan they must knw wat r dere responsibltzzzzzzzzz.

My Dearst of All,


i just put here what the prevailing pakistani Christian Marriage Law says.

No need for Christians to fall in love with muslims .because Bible is against it and which is not according to Bible is sin. Solomon great king of Israel by falling in love with non believers and getting marry with them became sinner of God and God was so angry with him regarding this even God gave punishment Solomon. And further Jesus said if someone love his wife his children and any thing else than Jesus he is not able for Jesus .So human love is nothing infront of beloved Jesus,First and formost Jesus lover then others.

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Mary Christ

March 11, 2010 at 10:54 AM Flag Quote & Reply

nadu
Member
Posts: 7

if sum body fall in love usa to ya pata nahi hota hai he or she is muslim /christian .iam reading the holy book .and daily verses .am i wrong?what u wana said about me?and am muslim also.

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March 17, 2010 at 5:17 PM Flagged Quote & Reply

nadu
Member
Posts: 7

nadu at 05:17PM on Mar 17, 2010

if sum body fall in love usa to ya pata nahi hota hai he or she is muslim /christian .iam reading the holy book .and daily verses .am i wrong?what u wana said about me?and am muslim also.

MATTHEW(6:14)

"BUT  I SAY UNTO YOU LOVE UR ENEMIES.BLESS THEM THAT CURSE U DO GOOD TO THEM THAT HATE YOU AND PRAY FOR THEM WHICH DESPITEFULLY USE YOU THAT YE MAY BE THE CHILDREN OF YOUR FATHER WHICH IS IN HEAVEN'

IF I WANT TO MARRIAGE WITH CHRISTIAN LADY THEN HOW I CAN MAN ?

March 17, 2010 at 6:09 PM Flag Quote & Reply

Mary Christ
Member
Posts: 61

Jesus said love your enemies not said get married with non Christians rather Bible has put restriction for getting married with non Christians .You are reading Bible that great .by reading you will yourself find it . And if in USA people are doing wrong things in the subject of marriages they are answerable before God .God will not spare them for it. And being a Muslim you are not allowed to get married with Christian lady.

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Mary Christ

March 18, 2010 at 4:32 AM Flag Quote & Reply

Mastermind
Member
Posts: 96

What is the formal way to make ammendments in this law ?

March 24, 2010 at 7:26 AM Flag Quote & Reply

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