Christian Divorce Act: Bishop supports plea for reform

Notices issued again to federal and provincial govts.

LAHORE: Justice Syed Mansoor Ali Shah of Lahore High Court (LHC) on Friday issued notices on the federal and the provincial governments again in connection with a petition challenging the removal of Section 7 of the Christian Divorce Act.

The judge had also issued notices to Bishop of Pakistan Alexander John Malik and Bishop of Lahore Irfan Jamil and sought replies from the respondents by March 28. In his reply, Malik supported the petition and requested the impugned provision to be reintroduced. The judge had already appointed veteran lawyer Hina Jillani as amicus curie (friend of the court) to assist it on the issue.

Petitioner Amin Masih, a resident of Youhanabad, said that the Matrimonial Causes Act was interpreted in a liberal fashion in the United Kingdom (UK). He said this allowed an estranged couple to part. Masih said there was no such provision available in Pakistan for Christian couples. He said Christian couples could only part if a man accused his wife of adultery as per Section 10 of the Act. Masih said this was belittling.

Masih had filed the petition through Advocate Sheraz Zaka to seek the reinstitution of Section 7 of the Christian Divorce Act 1869. Zaka said the section allowed high courts and district courts to act and provide relief on rules and principles that were almost identical to the principles and rules on which England’s Court for Divorce and Matrimonial Causes acted and gave relief. He said the section was in force till the introduction of the 1981 Federal Laws (Revision and Declaration) Ordinance that had repealed the provision. Thereafter, the counsel for the petitioner said, Section 10 was applicable. “Any husband may present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that his wife has been guilty of adultery,” the section reads. He said this was the sole provision that allowed a Christian couple to part. Zaka said this had made the lives of estranged Christian couples miserable as they were not even able to divorce with mutual consent.

The counsel for the petitioner said his client had divorced his wife but the dissolution of their marriage was devoid of legal recognition. He said he had no reservations regarding his wife’s character. Zaka said the couple simply did not want to remain together.

Published in The Express Tribune, February 20^th, 2016.