Seeks removal of a section under which women have to be accused of adultery.PHOTO:FILE
A section of the Christian Divorce Act 1869 has been challenged before the Lahore High Court for being “offensive and insulting” to women.
At the first hearing of the case on Thursday, Justice Mansoor Ali Shah directed the petitioner to bring relevant documents before the court at the next hearing, date for which would be fixed by the registrar’s office.
The petitioner, Ameen Masih, said he was going through a divorce and that a petition for maintenance was pending before a civil court.
He said the main reason behind the divorce was that he and his wife were not happy together. He said he also did not get along with his in-laws.
However, he said, under Section 10 of the Christian Divorce Act 1869 he could only divorce his wife if he accused her of adultery. He said he could not make an accusation he did not believe to be true.
Saying that the Act had existed since the colonial times, he requested the court to declare Section 10 of the Act ultra vires and in contravention of the Constitution through exercise of judicial review.
He said several countries, including the UK and the USA, allowed a Christian man to file for a divorce on grounds like unreasonable behaviour which enabled divorce petitions to be dealt in an expeditious manner. He said Section 10 of the Christian Divorce Act 1869 was an obstacle in convenient separation between spouses who agreed to do so. He said divorces under the Act had been tarnishing the image of innocent women.
Published in The Express Tribune, February 28th, 2014.
COMMENTS (10)
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@Humanity: What more do you expect from a society like India, where women are burned alive if they get divorced or become widows?
Its easy to insult Islam these days, because its popular, just like it was acceptable to mock Blacks for their skin color not long ago. Islam stands the test of time always.
The Triple talaq: I divorce you X 3 is the most disgraceful and horror law of Arabs to disrespect the womanhood and turn her out of the house!
In most Western countries either party can have a no-fault divorce. In other words, either the wife or the husband can have a divorce by merely requesting it. The only thing to be worked out between the two is sharing the marriage assets.
@Raj - USA: Islam allows a woman 'Khula' if she wants to end the marriage.
Your hatred is turning your heart into coal. I'm sure you are better than that.
@Nikki: Islam does not give right to the wife to divorce. Few months ago, I watched a TV talk show. Dr. Farzana Bari and Orya Maqbool Jan were the guests. Orya Maqbool Jan said that in Islam the woman has the right to divorce if such a right was given to her by her husband in the marriage agreement. He also said that the husband can take away this right from the wife at any time after marriage and she would not be able to divorce her husband as the husband only delegates the powers he has to his wife and can take back the delegated power at any time according to his sole wishes. Orya Jan emphasized on the delegated powers and claimed that he himself belongs to the legal profession and so is an authority on this. Dr. Farzana Bari was not able to answer. Do not remember now if the anchor cut her off or she just kept quiet fearing islamic repercussions. It is only the man who can say that I give you Talaq three times and woman can never say this. Islam does not allow it and there are no provisions in Islam. She can only get the mehar but does not have the powers her shohar has.
In the same TV talk show, Orya Jan also said that the husband does not require the permission of his wife to take additional wives, if he so wishes. The wife has no right to stop the husband.
Islam is the most repressive religion as far as woman's rights are concerned but the islamists, both men and woman would refute this. Men do as they have the powers and woman do it out of fear.
@Anon: Why is it better? You think divorce should be made difficult and expensive like in the west so that men are reluctant to marry at all?
At least they are approaching to the court for divorce, which is much more better than saying "talaaq" three times and divorcing a woman.
If husband-wife want separation they should not be stopped by any court or law. Islam gives full right to both be divorced if not happy. MAKE EASY LIFE OF THE PEOPLE--------court
Ideally Christian priests etc from all sects in Pakistan should form part of a committee to examine the law since it probably took into account religious values prevalent at the time.