‘Christian Divorce Act derogatory to women’

LAHORE:

Justice Shahzada Mazhar of Lahore High Court termed the Christian Divorce Act 1869 derogatory to women on Friday and sought assistance from the bishop of Lahore on the matter.

He was hearing a petition challenging the Christian Divorce Act 1869. Justice Mazhar has directed the bishop to appear in court on February 16 to assist the court on the matter. He also appointed two advocates as amicus curie (friends of court) on assistance.

The Ministry of Law submitted a reply saying that the 18th Amendment empowered the provincial governments to amend the law. The officer said even there were certain provisions under which a Christian woman could be divorced.

Petitioner Ameen Masih, a resident of Lahore, said he had a family suit regarding maintenance pending against him before a civil court. His counsel said that Ameen Masih had developed differences with his wife over the past two years and he did not enjoy cordial relations with his in-laws.

He said it was no longer possible for Ameen Masih to continue living with his wife and wanted a separation. However, for that, he would have to declare her an adulterer even though she wasn’t one, he said.

Under the Christian Divorce Act 1869, in force since colonial times, a Christian could only divorce his wife on grounds of adultery.

The counsel said in America and England a Christian man could file a divorce on grounds of unreasonable behaviour. Filing for divorce in Pakistan, though, meant tarnishing the woman’s reputation, he said.

The Objectives Resolution in the Constitution protected the rights of minorities, he said. Section 10 of the Act was ultra vires and in contravention of the Constitution by exercise of judicial review. He requested the court to declare Section 10 of the Christian Divorce Act 1869 a contravention of the Constitution.

Published in The Express Tribune, January 31^st, 2015.