LHC seeks report on Christian Divorce Act

LAHORE: A division bench of Lahore High Court on Thursday sought progress report over a bill tabled in the parliament for legislation regarding restoring a section of Christian Divorce Act 1869 allowing them to divorce their women under other reasons rather than levelling a specific allegation of adultery.

The bench headed by Justice Ayesha A Malik is hearing an Intra Court Appeal (ICA) challenging the decision of former LHC Chief Justice Syed Mansoor Ali Shah which restored section 7 of the Act.

In ICA, the appellant, Emenual Frances, contended the divorce act be restored to its previous position by setting aside the order of former CJ LHC Mansoor Ali Shah. The petitioner implored the court that Bible allows them to divorce through leveling allegation of adultery. He implored the divorce is matured when a person levels allegation of adultery as well as produce evidences in support of his stance. He contended the decision of the single bench former CJ Mansoor Ali Shah is tantamount to intervene in someone’s religion.

He prayed the court that the single bench’s decision be set aside and the section which provides them an opportunity to level allegation of adultery before divorce be restored. The division bench raised a question whether a judge of LHC has powers to restore an in-affective (repeal) law of the parliament through his/her decision. Additional Advocate General Anwaar Hussain implored the court that the single bench had not restored the whole in-affective law adding the single bench had just restored a specific section in light of basic right described in constitution of Pakistan. He further contended they could not leave the women belonged to Christian community helpless if parliament did not fulfill its obligation. He implored the role of judiciary will come to an end in the society if decision of the single bench is set aside.

Justice Ayesha A Malik remarked they are fully aware about the self respect as well as the problems being faced by the women of the Christian community. Fozia Waqar chairperson of Punjab Commission on the Status of Women (PCSW) implored the court that a Bill has been submitted in National Assembly by the representatives of minorities to improve the matters relating to the marriage and divorce of the Christian community. At this Justice Ayesha remarked the court wanted solution of the problem, adding the representatives of minorities in parliament should think over it.

The lawyers representing Christian community told the court that parliament always ignored them. They also expressed their gloom saying where they will go if the parliament did not bring legislation over their issues of marriage and divorce in the time spell of five years. Justice Ayesha remarked the court hoped that the parliament will render its vital role in aforesaid serious issue. However, the division bench adjourned proceedings by three weeks with a directive to inform the court about progress over the Bill submitted in parliament.