Divorce is a social evil in the society, that has caused inconceivable sufferings and crimes towards women. In Pakistan, the payment of a Divorce was forbidden in 1961under Pakistan civil law and subsequently by Sections 304B and 498a of the Pakistan Penal Code were enacted to make it calmer for the wife to seek redress from potential persecution by the husband's family. Divorce laws have come under condemnation as they have been distorted by women and their families.
Alhuda Law Associates has Expert Lawyers For Divorce Case in Pakistan Who Can Fight for Your Right. In Pakistan. Someone accused of taking Divorce is therefore subject to a multiplicity of legal procedures.
In Divorce Act, “Divorce” means any property or valued security given or agreed to be given also directly or indirectly— (a) by one party to a marriage to the other gathering to the marriage ; or (b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other one, at or before 1[or any time after the marriage] 2[in link with the marriage of the said gatherings, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) put on. Explanation I.— 3[***] Explanation II.—The countenance “valuable security” has the same meaning as in Section 30 of the Pakistan Penal Code (45 of 1860).
This section, for offences related to Criminal Break of Trust, is usually applied in study of straphang recovery from the husband and his family .Crimes under this section are bail able and cognizable. Section 406.
Whoever commits criminal breach of trust shall be punished with custody of either description for a term which may spread to three years, or with fine, or with both.
This Section of the Pakistan Penal Code was inserted by a 1986 amendment. The wording of the law states: Section 304B. Present death
Where the death of a woman is caused by any burns or bodily wound or occurs otherwise than under normal conditions within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or aggravation by her husband or any relative of her husband for, or in connection with, any demand for present, such death shall be called "Divorce death" and such husband or relative shall be thought to have caused her death. Description:-For the purpose of this sub-section, "Divorce" shall have the same meaning as in section 2 of the Divorce Exclusion Act, 1961 ( 28 of 1961).
Whoever obligates Divorce death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to custody for life.
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