Section 7 of Christian Divorce Act restored
Rights activists have welcomed the judgement
Rights activists have welcomed the judgement. PHOTO: EPA/FILE
LAHORE:
Lahore High Court last week restored Section 7 of the Christian Divorce Act of 1869, earlier omitted through an ordinance promulgated during General Ziaul Haq’s rule.
Justice Syed Mansoor Ali Shah declared Federal Law and Clause Ordinance 1981 as null and void. The ordinance had omitted Section 7 from the Christian Divorce Act.
The judge said the 1981 ordinance was in violation of Article 9 and 14 of the Constitution. With restoration of this section, Christian couples can seek divorce or file for separation in accordance with British courts’ directives on the matter. Previously, as per section 10 of the 1981 ordinance, Christian couples could only file for separation or divorce if they suspected their partners of being involved in adultery.
Rights activists and legal experts termed the ruling a landmark order.
Khalid Shahzad, an activist for minority rights, told The Express Tribune that Section10 had become a nuisance for couples who wanted to dissolve their marriages. “Some men made false claims of adultery against their wives in order to divorce them,” he said. “Meanwhile, some women chose to convert to Islam to dissolve the marriage.”
“This became problematic for those seeking conversions as means to leave their marriages,” he said. “In some cases, clerics who had issued conversion certificates found out and condemned the women to death.” “They then had to go in hiding and were forced to assume new identities,” he said.
“Hudood Laws are not the only oppressive laws enacted during General Ziaul Haq’s regime,” said Advocate Nadeem Anthony while speaking with The Express Tribune. “He also made lives of Christians harder by imposing strict rules on them,” he said.
He said the changes made to the Christian Divorce Act did not reflect modern legal practices. “In the West, divorce laws facilitate Christians if they decide to end their marriages. Justice Shah’s judgment has rescued unhappy Christian couples.”
Justice Shah had issued the order on a petition moved by Amin Masih. The petitioner told the court that he wanted to divorce his wife but could not do so without accusing her of adultery. His counsel, Advocate Sheraz Zaka, said Section 7 of the Christian Divorce Act 1869 should be restored in accordance with British laws. Zaka said restoration of Section 7 will allow couples to end marriages on reasonable grounds.
Published in The Express Tribune, May 30th, 2016.
Lahore High Court last week restored Section 7 of the Christian Divorce Act of 1869, earlier omitted through an ordinance promulgated during General Ziaul Haq’s rule.
Justice Syed Mansoor Ali Shah declared Federal Law and Clause Ordinance 1981 as null and void. The ordinance had omitted Section 7 from the Christian Divorce Act.
The judge said the 1981 ordinance was in violation of Article 9 and 14 of the Constitution. With restoration of this section, Christian couples can seek divorce or file for separation in accordance with British courts’ directives on the matter. Previously, as per section 10 of the 1981 ordinance, Christian couples could only file for separation or divorce if they suspected their partners of being involved in adultery.
Rights activists and legal experts termed the ruling a landmark order.
Khalid Shahzad, an activist for minority rights, told The Express Tribune that Section10 had become a nuisance for couples who wanted to dissolve their marriages. “Some men made false claims of adultery against their wives in order to divorce them,” he said. “Meanwhile, some women chose to convert to Islam to dissolve the marriage.”
“This became problematic for those seeking conversions as means to leave their marriages,” he said. “In some cases, clerics who had issued conversion certificates found out and condemned the women to death.” “They then had to go in hiding and were forced to assume new identities,” he said.
“Hudood Laws are not the only oppressive laws enacted during General Ziaul Haq’s regime,” said Advocate Nadeem Anthony while speaking with The Express Tribune. “He also made lives of Christians harder by imposing strict rules on them,” he said.
He said the changes made to the Christian Divorce Act did not reflect modern legal practices. “In the West, divorce laws facilitate Christians if they decide to end their marriages. Justice Shah’s judgment has rescued unhappy Christian couples.”
Justice Shah had issued the order on a petition moved by Amin Masih. The petitioner told the court that he wanted to divorce his wife but could not do so without accusing her of adultery. His counsel, Advocate Sheraz Zaka, said Section 7 of the Christian Divorce Act 1869 should be restored in accordance with British laws. Zaka said restoration of Section 7 will allow couples to end marriages on reasonable grounds.
Published in The Express Tribune, May 30th, 2016.