‘Unfair requirement’: LHC orders review of Christian Divorce Act

The petitioner had stated that the law was affecting many a Christian couples in the country.


Our Correspondent April 02, 2015
Justice Syed Mansoor Ali Shah issued the directive and disposed of the petition seeking removal of the section from the 1869 Act. PHOTO: LHC.GOV.PK

LAHORE:


Lahore High Court on Thursday directed the Law Department to look into the Christian Divorce Act of 1869 and propose an amendment to its Section 10 that stipulated adultery as the only grounds on which a Christian couple could divorce each other.


Justice Syed Mansoor Ali Shah issued the directive and disposed of the petition seeking removal of the section from the 1869 Act.

Petitioner Ameen Masih, a Lahore resident, had submitted that he wanted to end his current marriage but under the 1869 Act he could not do so unless he accused his wife of adultery. He said he and his wife no longer enjoyed a cordial relationship and were living separately. However, he said, he did not want to accuse her of something she did not do.

The petitioner had stated that the law was affecting many a Christian couples in the country. In particular, he said, it was detrimental to the reputation of women whose husbands would accuse them of adultery just so that they could divorce them.

He referred to marriage laws in the United States and England and said that none of the two countries had such a requirement for a divorce suit. He said that the requirement violated fundamental rights of Christian citizens of the country.

Published in The Express Tribune, April 3rd, 2015.

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