Christian Divorce Act 1869: proceedings adjourned till second week of February
A division bench of the Lahore High Court Thursday adjourned proceedings for the second week of February in an appeal against restoring section 7 of Christian Divorce Act 1869, enabling Christian men to divorce their spouses without charge of adultery.
Justice Ayesha A Malik observed that the proceedings would be expedited as the case pertains to protection of fundamental right and had public importance. She further held that the bench would decide a question for the first time that whether a law which had been repealed by the Parliament could be restored by the court.
Earlier, Punjab Commission on Status of Women Chairperson Fauzia Waqar urged the bench to uphold an earlier decision by the court of restoring Section 7 of Christian Divorce Act 1869. She told the bench that by restoration of Section 7 of the Act the Christian couples had been able to get separation from their spouses without proving the charge of adultery. She said it was against the dignity of women that Christian men were seeking divorce by imputing false charge of adultery against their wives.
She pointed out that the commission previously received many complaints from women against their husbands who imputed falsely the charge of adultery on them. She said by restoration of the ACT other reasonable grounds are available for Christians to seek divorce from a court. The chairperson therefore prayed the bench to dismiss the appeal and uphold the single bench's verdict.