Woman files review plea over long-standing divorce case

Reahana complained that frequent adjournment of hearing has put her in mental agony

LAHORE: A Christian woman has requested the Lahore High Court (LHC) to take action against delaying tactics used by the respondents in her divorce case.

The divorce case of Bulqees Reahana has been pending in the family court since September 2017.

“She had made all-out efforts for reconciliation but neither her husband is ready to this nor the court is deciding her matter although it is pending with a family court since 2017,” the petitioner’s counsel said. “She had received no result on her dissolution of marriage petition [that] she had filed under section 7 of The Christian Divorce Act,” he detailed.

The petitioner, Reahana, pleaded to the LHC to direct the family judge to decide her matter considering it as an old category case.

She had filed a writ petition in the LHC under article 199 of the constitution of Pakistan and made Griffan Flake, her husband, and Faisalabad Family Court Judge Muhammad Gulzar respondents.

In the review petition, she implored the court that she had recorded evidence in 2017 while the respondent [husband] submitted evidence two years later in 2019.

She claimed her spouse is delaying the divorce verdict by not producing witnesses on given dates due to which the right of cross-examination had been closed in the past. However, he had filed a revision petition which allowed him the right of cross-examination on November 14.

The petitioner alleged that her husband was not producing evidence before the court, causing undue delay in the verdict.

Reahana complained that the divorce’s postponement over the course of three years has caused her mental agony.

“The respondent party is lingering on the matter by submitting different applications in the main suit and sometimes the respondent’s counsel is not present in the court and adjournment is sought,” she complained.

She further said the family court had also given the respondent several opportunities to conclude the case that went in vain. The petitioner pleaded to the LHC to direct the judge concerned to decide her matter within one month and not adjourn the case further.

Speaking to The Express Tribune, Advocate Liaquat John said that the dissolution of marriage petitions are filed in courts under section 7 of The Christian Divorce Act 1869, following different grounds of divorce.

Published in The Express Tribune, February 4^th, 2020.