Daily Times

In a landmark decision, the Lahore High Court (LHC) restored section seven of Christian Divorce Act of 1869 omitted during General Zia-ul-Haq regime under the Federal Law Revision and Declaration Ordinance 1981. In the determination, Justice Mansoor Ali Shah of the LHC promulgated that the law was unconstitutional that allowed annulment only when the wife is proven an adulterer. The law was being abused to get ex parte decree from the court. “An ex parte judicial proceeding is conducted for the benefit of one party only,” and in most cases, Christian men who are trying to get rid of their wives use ex parte procedure where women are kept ignorant of any court proceedings against them. They would know only when the divorce decree was issued.

In Christian divorce cases, apparently, all requirements necessary for the procedure are fulfilled, like notices and displaying of court summons in front of the spouse’s house and announcements in newspapers. Because of malfunctioning of the judicial system, the abuse of the Christian divorce act was common. The landmark decision by the LHC would enable women to get their proper rights vital for the procedure of an annulment. The only reason men had to take the plea to divorce their wives was to prove them ‘the adulterer’, whereas there are certain other matrimonial issues that may lead one to the extreme of divorcing one’s spouse. Lack of harmony, understanding, difference of opinions and other issues can become the reason for people to find it hard to remain in the bond of marriage, thus leading to divorce. The deletion of the provision seven in 1981 left no ground available other than to prove a wife involved in adultery as mentioned in the article 10 of the Christian Divorce Act of 1869, which says, “When husband may present a petition to the Court of the Civil Judge praying that his marriage may be dissolved on the grounds that this wife has, since the solemnisation thereof, been guilty of adultery.”

This was the only provision in the Christian divorce act, and in the last 35 years, the Christian community had confronted difficulties while facing such charges, especially when their daughters and sisters had to face the dilemma of divorce. After the decree issued by the court, those women were considered women of ‘loose character’. Most of the time, not only for themselves, but also for the whole family it becomes difficult to survive in society with such ‘proven’ charges, although the actual reasons for divorce might be totally different. But because of the constitutional provision 10 in the divorce act, Christian men had to take the plea under the same section. As a result, not only two individuals had to suffer but their children were also destined to live with the misery of the stigma attached to them. After the omission of constitutional provision even from the Divorce Act 1869, the divorce ratio among Christians remained very low, but still good enough cases were filed in the family courts from where to avoid social disgrace, ex parte verdicts were used to seek divorce from courts. However, the end result of the court decrees was the promulgation of Christian women’s ‘adulterous nature’ being the reason of their divorce.

Now in the light of this latest decision from the LHC, certain other grounds could be the reasons of annulments after the inclusion of article seven in the Christian divorce act 1869. During the proceedings, the LHC demanded suggestions, and the Biblical version from some Bishops of Lahore, mainly from the Protestant section of Christians, on this particular issue. And although the input sent by these Bishops was in accordance with the Biblical as well as social values, nevertheless it was necessary to invite recommendations from all sections of Christian leadership, including Catholics and Presbyterians. It is obvious that most Christian religious leaders were not consulted or involved in the process, which could have been a better approach. The efforts made by the petitioner’s lawyer are commendable to get this historical verdict. Every action has a reaction; Christian couples may understand it otherwise, and the divorce ratio among Christians may go up. As a matter of fact, the LHC decision is one step forward for the provision of true justice to the Christian community living in Pakistan — the community that suffers the most, frequently targeted by extremists, abused, discriminated and persecuted. In the shadow of fair judicial system they can find refuge to get their rights for which they kept struggling for the last six decades.

The writer can be reached at Kaleem.dean@mail.com