LAHORE: The Lahore High Court (LHC) chief justice Friday reserved the judgment on a petition seeking change in Section 10 of the Christian Divorce Act, 1869.
Amin, a Christian, had moved the petition, saying “the Section 10 of the Divorce Act 1869 provided only one ground to a man to divorce his wife and that is imputing the charge of adultery.”
During the hearing, several Christian scholars also appeared before the court and presented their point of view.
Minister for Human Rights Kamran Michael also demanded change in section 10 of the act. He said, “The Bible clearly described the procedure for divorce of a Christian couple and the divine laws could not be changed in the name of fundamental rights.” He recited related verses from the Bible, and said that the heavenly laws could not be altered.
He said changing the divine law in the name of fundamental rights would be a violation of religious principles. He said that bishops from different sects were consulted for removing the “lacuna” in the act. He requested the court that the command of the Bible should be implemented. He said that he had evolved this opinion after proper consultation from church leaders and scholars.
The chief justice observed that the court was not supposed to interpret Bible or the Old Testament but to implement the constitution, which says, “Right to practice religion is available to every citizen based on his conscience.” Punjab Minister for Minority Affairs Tahir Khalil Sindhu also supported the views of the federal minister.
MPA Mary Gill said, “This provision was discriminatory in nature as the constitution provided equal rights to men and women.” She said Christian women were forced to quit Christianity due to the divorce law. Petitioner counsel said that the “ground for the dissolution of marriage under this act was against the dignity of a woman”. He submitted that this law in Christian majority countries had been amended and there were other logical grounds available for a Christian couple to seek separation. However, the chief justice reserved the verdict on the petition.
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