Appeal against restoration of Section 7 of Christian Divorce Act adjourned

LAHORE: A Lahore High Court division bench on Thursday adjourned hearing of an appeal against single bench orders of restoring Section 7 of the Christian Divorce Act 1869, till second week of February.

The bench headed by Justice Ayesha A Malik heard the Intra-Court Appeal filed by Emmanuel Francis, a resident of Faisalabad, challenging single bench orders for restoration of Section 7 of the Christian Divorce Act 1869.

During the hearing, Punjab Commission on Status of Women Chairperson Fauzia Viqar appeared before the bench and submitted that, by the restoration of Section 7 of Christian Divorce Act, Christian women had been able to get separation from their husbands without proving the charge of adultery and similarly Christian men would also not have to impute falsely the charge of adultery upon their wives for the purpose.

The chairperson further submitted that it was against the dignity of a woman that men were imputing falsely the charge of adultery against their wives in order to seek a divorce. The commission previously registered many complaints by the women against their husbands who imputed falsely the charge of adultery upon their wives, she added.

Respondent Amin Masih's counsel Shiraz Zaka requested the bench to upheld the single bench verdict and dismiss the appeal.

At this, Justice Ayesha A Malik observed that the proceedings would be expedited as the case pertained to protection of fundamental right and had public importance while adjourning further hearing.

The bench further elaborated that it would decide upon a question of law for the first time that whether a law which had been repealed could be restored by the court or not.