Plea to uphold single bench verdict in Christian divorce case

LAHORE: Punjab Commission on Status of Women Chairperson Fauzia Viqar on Thursday requested the Lahore High Court to maintain an earlier decision by single bench under which section 7 of Christian Divorce Act 1869 was restored, allowing Christian men to divorce their wives without using the charge of adultery.

A division bench led by Justice Ayesha A Malik was hearing an intra court appeal (ICA) moved against a judgment passed by Chief Justice Syed Mansoor Ali Shah last year. She pointed out that the commission previously received many complaints from women against their husbands who imputed falsely the charge of adultery on them. The chairperson requested the division bench to dismiss the ICA and uphold the single bench’s judgement.

Fauzia Viqar told the bench that after the 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 men were imputing falsely the charge of adultery against their Christian wives in order to seek divorce.

Opposing the appeal, Advocate Sheraz Zaka also argued that by the restoration of section 7 of Divorce Act other reasonable grounds were now available and now men would no longer had to impute falsely the charge of adultery upon their wives in order to seek divorce from a court. He said the appeal should be dismissed and the judgement of the single bench should be upheld.

Justice Malik observed that the proceedings would be expedited as the case pertains to protection of fundamental right and had public importance. She elaborated that the bench would decide on a question of law for the first time that whether a law which had been repealed by parliament could be restored by the court. The bench adjourned proceedings for the second week of February.