The Lahore High Court on June 19, allowed petitions challenging a provision of the Christian Divorce Act, 1869, which requires a Christian couple to use allegation of adultery for dissolution of marriage.The Lahore High Court on June 19, allowed petitions challenging a provision of the Christian Divorce Act, 1869, which requires a Christian couple to use allegation of adultery for dissolution of marriage.
The section 7 of the Act was suspended by former president Ziaul Haq through an ordinance leaving no ground for Christian men for divorcing their wives except on adultery charges.
The question before the court had been whether General Zia-ul-Haq had constitutional legitimacy to delete Section 7 of the Act – pertaining to the particular grounds permitted for divorce – without first consulting the Christian community. Most of the community’s representatives responded on a basis that does not sit well with constitutional legitimacy.
The restoration of Section 7 welcomed, especially when it comes to the plight of women. For during its long absence, the only recourse available to Christians for divorce was Section 10, pertaining to adultery. For a wife, the burden was to prove additional cruelty or desertion in addition to adultery. This prompted many couples to convert to Islam to seek automatic dissolution of marriage. For a husband, the charge of adultery proved convenient since it incurred no liability of maintenance.
After restoration of the said Act, the petitioner said, the principles of Courts of England would apply to the family/divorce issues of Christians. And there would also be other just and reasonable grounds available for them to seek divorce after restoration of the said Act, he added. Currently, Christians had only one ground under Section 10 of the Act according to which allegations of adultery were required for them to part ways. Such legal binding was against the dignity of the law, held the petitioner.