Hindu Marriage Act, 2017 pdf
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Hindu Marriage Act, 2017 pdf
An Act to provide for solemnization of marriages by Hindu families and for matters ancillary and incidental thereto.
WHEREAS 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 WHEREAS 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 WHEREAS 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.—
(1) This Act may be called the Hindu Marriage Act, 2017.
(2) It extends to the Islamabad Capital Territory and the Provinces of Balochistan, Khyber Pakhtunkliwa and Punjab.
(3) Subject to sub-section (2), it shall apply to those citizen of Pakistan who profess Hindu religion in any of its forms.
(4) It shall come into force at once.
2. Definitions.—
In this. Act, unless the subject or context otherwise requires,---
(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.
3. Overriding effect of Act.—
The provisions of this Act shall have effect not withstanding any other law or custom or usage for the time being in force.
4. Conditions for a Hindu marriage.—
A Hindu marriage shall be solemnized, if the following conditions are fulfilled, namely:---
(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
