Christian divorce: Court seeks assistance from AG, bishop

Man says he wants to end his marriage but not by accusing his wife of adultery.

LAHORE:

Lahore High Court on Monday sought assistance of the attorney general and Bishop Sebastian Shaw by June 7 on a petition challenging the Christian Divorce Act 1869.

Justice Mansoor Ali Shah issued the order on a petition moved by Amin Masih, a resident of Lahore.

The petitioner, represented by Sheraz Zaka, said that he was a member of the Christian community and a suit for maintenance was pending against him before a civil court. He said he had been unhappy in his marriage for the last two years. He said he did not have good relations with his in-laws.

He said he had wanted to end his marriage but in order to do so, he would have to accuse his wife of adultery, which was unfair.

He said under the Christian Divorce Act 1869, a Christian could not divorce his wife. He said if the couple wanted to separate, it was only possible on grounds of adultery.

He asked the court to exercise its power of judicial review and declare Section 10 of the Act ultra vires and in contravention of the Constitution.

He said the objectives resolution of the Constitution called for protecting rights of minority citizens.

He said in many countries including the United States and United Kingdom, Christian couples could divorce grounds of irreconcilable differences.

He said divorces on grounds of adultery made the lives of divorced people miserable. He said he did not wish to damage his wife’s reputation. A lawyer said some Christians embraced Islam only to divorce their wives and later reverted to Christianity.

After hearing arguments, the court directed the attorney general of Pakistan and the bishop of Lahore to assist the court on the issue by June 7.

Published in The Express Tribune, April 29^th, 2014.