The way forward: Draft bills on Christian marriage registration ready
The law ministry has submitted a summary to seek cabinet’s approval
ISLAMABAD:
The federal government has prepared draft bills to amend the Christian Marriage Act 1872 and Divorce Act 1869.
Furthermore, the law ministry has submitted a summary to seek the approval of the cabinet on the proposed changes to the law.
According to the summary, the legislations that govern the solemnisation of Christian marriages were introduced during the colonial era and are practically outdated. As a result, the law needs to be revised in accordance with the changing nature of society.
The law ministry also pointed out that Christian Marriage Act 1872 discriminates between a native Christian belonging to the sub-continent and a Christian from another country.
The proposed amendments call for the removal of outdated provisions dealing with the role of Church of England, Church of Scotland and the Roman Catholic Church in solemnising Christian marriages in Pakistan.
Interestingly, the law ministry’s summary to the cabinet also draws attention to the rather limited grounds for dissolution of a Christian marriage under the Divorce Act 1869. According to the current law, a husband can only raise allegations of adultery against his wife to seek a divorce.
The law ministry has claimed that this adds unnecessary complications to family relationships. As a result, they have included nine grounds for divorce in the draft bill that can be invoked by both spouses.
In order to ensure that all social factors are duly accounted for, the law ministry has conducted a series of consultations with all the relevant stakeholders. In addition, it has also obtained a no-objection certificate from the Ministry of Religious Affairs and Interfaith Harmony.
Change of procedure
The draft bills specify the modus operandi to register the marriage and emphasises on the presence of at least two witnesses. According to the proposed amendment, a registrar-general will be appointed from each district to register Christian marriages. If the registrar-general is absent or cannot perform his functions, the government can – by notification in the official Gazette – appoint someone to temporarily act as registrar-general.
If a registrar-general refuses to issue a certificate of marriage, a couple can appeal to a district judge. According to the draft amendments, the judge’s decision will be final and the registrar-general will be expected to comply with the order.
Moreover, the proposed amendments aims to prevent the use of false notices to secure marriage certificates by declaring the practice an offence punishable under sections 191, 192 and 193 of the Pakistan Penal Code.
Published in The Express Tribune, August 31st, 2014.
The federal government has prepared draft bills to amend the Christian Marriage Act 1872 and Divorce Act 1869.
Furthermore, the law ministry has submitted a summary to seek the approval of the cabinet on the proposed changes to the law.
According to the summary, the legislations that govern the solemnisation of Christian marriages were introduced during the colonial era and are practically outdated. As a result, the law needs to be revised in accordance with the changing nature of society.
The law ministry also pointed out that Christian Marriage Act 1872 discriminates between a native Christian belonging to the sub-continent and a Christian from another country.
The proposed amendments call for the removal of outdated provisions dealing with the role of Church of England, Church of Scotland and the Roman Catholic Church in solemnising Christian marriages in Pakistan.
Interestingly, the law ministry’s summary to the cabinet also draws attention to the rather limited grounds for dissolution of a Christian marriage under the Divorce Act 1869. According to the current law, a husband can only raise allegations of adultery against his wife to seek a divorce.
The law ministry has claimed that this adds unnecessary complications to family relationships. As a result, they have included nine grounds for divorce in the draft bill that can be invoked by both spouses.
In order to ensure that all social factors are duly accounted for, the law ministry has conducted a series of consultations with all the relevant stakeholders. In addition, it has also obtained a no-objection certificate from the Ministry of Religious Affairs and Interfaith Harmony.
Change of procedure
The draft bills specify the modus operandi to register the marriage and emphasises on the presence of at least two witnesses. According to the proposed amendment, a registrar-general will be appointed from each district to register Christian marriages. If the registrar-general is absent or cannot perform his functions, the government can – by notification in the official Gazette – appoint someone to temporarily act as registrar-general.
If a registrar-general refuses to issue a certificate of marriage, a couple can appeal to a district judge. According to the draft amendments, the judge’s decision will be final and the registrar-general will be expected to comply with the order.
Moreover, the proposed amendments aims to prevent the use of false notices to secure marriage certificates by declaring the practice an offence punishable under sections 191, 192 and 193 of the Pakistan Penal Code.
Published in The Express Tribune, August 31st, 2014.