LAHORE - The Lahore High Court on Thursday disposed of a petition challenging the Christian Divorce Act 1869 for being derogatory for women with direction to Punjab law department to legislate the said act to amend the objectionable provision in it.
Ameen Masih, a resident of Lahore, had challenged the Christian Divorce Act 1869 submitting that he was a member of Christian community and had a family suit of maintenance was pending against him before a civil court.
The petitioner’s counsel told the judge that the petitioner was not living happily with his wife over the past two years, as he does not enjoy good relations with his in-laws. He said that it was no longer possible for the petitioner to continue this matrimonial relationship with his wife and wanted separation but for this purpose he had to accuse her of adultery, which she never
committed. He said that under the Christian Divorce Act 1869, which exists since colonial period, a Christian can divorce his wife only one ground and that is an allegation of adultery. The petitioner said submitted that even in countries like America and England a
Christian man can file a divorce even on the ground of unreasonable behavior which has enabled divorce petitions to be dealt in an expeditious manner. He said that in our country filing a divorce before the courts on behalf of Christian husband just on one ground of adultery has made the lives of both male and female deplorable and this is immutable which results in tarnishing image of female in society. He submitted that the only provision of divorce abridges fundamental rights of Christians and even the objectives resolution in the Constitution empowers that the rights of minorities would be protected. He said that section 10 of the impugned act was ultra vires and in contravention of the constitution by exercise of judicial review.
He requested to declare section 10 of Christian Divorce Act 1869 as in contravention of the constitution.
After hearing the arguments of the petitioner’s counsel Advocate Sheraz Zaka, Justice Syed Mansoor Ali Shah disposed of the petition and directed the Punjab government to amend the said act.