The Lahore High Court (LHC) on Monday restored Section 7 of the Christian Divorce Act 1869 earlier omitted through an ordinance promulgated by military ruler General Ziaul Haq in 1981.
Justice Syed Mansoor Ali Shah declared Federal Law and Clause Ordinance 1981 as null and void which had omitted Section 7 from the Christian Divorce Act.
With restoration of this section, Christian couples can divorce or file for separation in accordance with British customs and traditions. Previously, as per section 10 of the 1981 ordinance, Christian couples could only file for separation or divorce on one reason which was adultery.
Petitioner’s counsel Sheraz Zaka told the court that after the omission of section 7 of the Act the principles of English Divorce Court had been overshadowed and neglected which placed the entire statute to be administered in an ex-facie and discriminatory manner.
Zaka said in the UK the Matrimonial Causes Act was now interpreted in a liberal manner providing a cushion to both Christian men and women to part ways if their marriage was irretrievably broken down or with mutual consent, but this ground was not available in Pakistan for Christians.
The only ground available was in section 10 of the Act for Christian men to divorce their wives which required a husband to accuse his wife of adultery, the counsel added.
Advocate Zaka argued that since the protection of minorities was one of the norms/salient features of the Constitution of Pakistan, therefore the omission of section 7 of the Divorce Act 1869 through the ordinance should be declared unconstitutional as well as null and void.
