LAHORE: Lahore High Court (LHC) on Monday restored Section 7 of the “Christian Divorce Act 1869”, which was omitted in 1981 by the then military ruler through an ordinance.
The court declared “Federal Law Revision and Declaration Ordinance 1981” for the purpose as unconstitutional and void. With the restoration of Section 7, the Christian couples could divorce each other on reasonable grounds, in accordance with the divorce traditions in England, rather than levelling the charge of adultery.
Justice Syed Mansoor Ali Shah passed the order while allowing a petition filed by one Amin Masih. Earlier, petitioner’s counsel Sheraz Zaka pleaded that Section 7 of the “Christian Divorce Act 1869” should be restored according to which “the traditions of the England courts would apply as far as family/divorce issues of Christians are concerned.”
“At present, there is only one ground available under Section 10 of the Divorce Act 1869 and that is the charge of adultery only, which is in conflict with the dignity of a woman,” he said and added that it was deplorable and in violation of Article 9 and 14 of the Constitution.
The counsel further argued that Christians in Pakistan should be treated in a similar manner as anywhere else in the world, “where a Christian man and his wife can part their ways on reasonable grounds, rather levelling false allegations of adultery on each other.”
Amicus curie Hina Jillani also assisted the court and agreed with the arguments of the petitioner’s counsel. Federal and provincial law officers also agreed with the fact that there could have been reforms in the law. The court, after hearing arguements restored Section 7 of the “Christian Divorce Act 1869”.
