Parliament passes bill criminalising ‘second marriage, divorce threats’ against wife

• Abettor of domestic violence offence to face same punishment.
• Courts empowered to issue safety orders and grant custody.
• Domestic violence defined as physical, sexual, psychological abuse.

Parliament on Saturday passed a bill making threats of second marriage or divorce to a wife punishable by up to three years in prison.

Pakistan Peoples Party (PPP) MNA Sharmila Faruqui presented the bill titled ‘Domestic Violence (Protection and Prevention) Act, 2026,’ aimed at providing legal protection against abuse within domestic relationships in Islamabad.

The legislation defines domestic violence as any physical, sexual or psychological abuse committed against a woman, man, transgender person, child or other vulnerable individual.

As per the bill, psychological and verbal abuse includes but not limited to repeated exhibition of obsessive jealousy causing repeated invasion of the victim’s privacy, liberty, integrity and security; insults or ridicule directed at the aggrieved person; threats to cause physical pain to spouse or other members of shared household; and threats of divorce or second marriage on baseless accusation of insanity or infertility.

False allegations upon the character of a female member or any member of the shared household; willful or negligent abandonment of the aggrieved person; stalking; harassment; and compelling the wife to cohabit with anybody other than the husband also fall under domestic violence, the content of the bill read.

The legislation provides that any offences occurring within domestic relationships will be prosecutable under the Pakistan Penal Code (PPC).

“If the offence does not fall under the [PPC], the act of domestic violence shall be punishable with simple imprisonment of a maximum period of three years and not less than six months depending on the gravity of the act of domestic violence committed, and a fine of Rs100,000 and minimum of Rs20,000 shall also be paid as compensation to the aggrieved person,” read the bill.

In default of payment of fine, the court may award simple imprisonment of three months, while the abettor in an offence of domestic violence will also be punished with the same punishment provided for the offence.

Further, the bill defines physical abuse as any act committed physically against a vulnerable person, while sexual abuse is defined in the bill as any act of a sexual nature that violates or humiliates the affected person.

The bill allows an affected person to approach the court, which must hold the first hearing within seven days and decide the application within 90 days. The affected person will have the right to reside in the shared household or may choose to live in a shelter home.

Courts will be empowered to issue protection orders directing the accused not to repeat acts of violence and to refrain from any personal, verbal, written, electronic or telephone contact with the affected person.

The court may also require the accused to maintain a specified distance from the victim.

In cases where there is a serious risk to the life, reputation or dignity of the affected person, the court may order the accused to vacate the house. The court may also bar relatives of the accused from entering the residence and direct the relevant police station officer to provide protection.

Under the new law, the court may also order the accused to pay rent and other expenses, meet the financial needs of the affected person, return property or valuables, and provide compensation for economic abuse, loss of employment and medical expenses.

Maintenance for the affected person and their children may also be ordered.

Custody of the affected person may be granted to a suitable individual or authority. In the case of a child, custody will be decided under the Guardian and Wards Act. Adult custody will require the consent of the affected person.

Violation of protection, residence or custody orders will be punishable by imprisonment of up to one year and a fine of Rs100,000, payable to the affected party.

The offence under the law will be bailable, cognisable and compoundable. Appeals against court decisions may be filed within 10 days.