Supplied by Persecution.org
For centuries, Christian marriage and divorce law in Pakistan has been governed by legislation inherited from the colonial era, with little meaningful reform. The primary law regulating Christian marriages, the Christian Divorce Act 1869, was enacted during British rule and has remained largely unchanged since.
Under the provisions of the colonial-era law, the grounds for divorce are particularly limited for husbands. Section 10 of the Act allows a Christian husband to seek dissolution of marriage only if he can prove that his wife committed adultery after the marriage was solemnized. The law also requires the husband to identify and include the alleged adulterer as a co-respondent in the case. This condition often makes it extremely difficult to pursue a divorce. Because of these technical requirements, many cases fail in court even when the couples have been separated for a long time.
These legal limitations were highlighted in a recent case brought before the Lahore High Court. A Christian man, Shahroz, had been attempting since 2022 to obtain judicial separation from his wife, Tareeza. His initial petitions were dismissed by both the trial court and an appellate court because he could not provide sufficient evidence to prove allegations of adultery or cruelty against his wife, the only grounds he had relied on under the existing legal framework.
During the proceedings, the courts also noted that Shahroz had failed to identify the alleged adulterer or present documentary evidence supporting his claims. As a result, his petitions were rejected, and the couple remained legally married despite having lived apart for years.
When the matter reached the Lahore High Court, Justice Jawad Hassan reviewed the case and took a broader view of the law and the constitutional rights involved. The judge noted that the couple had been living separately for more than two years, a fact acknowledged by the wife during court proceedings.
The court examined provisions within the Christian Divorce Act that recognize “desertion” as a matrimonial wrong. Under Section 22 of the Act, either spouse may seek judicial separation if the other has deserted them without reasonable cause for a period of two years or more. Justice Hassan ruled that this provision should be properly considered when deciding cases involving Christian marriages.
The court also referred to Article 20 of the Constitution of Pakistan, which guarantees citizens the right to profess and practice their religion. The judgment emphasised that courts must interpret family laws affecting religious minorities in a way that respects these constitutional protections.
In its final decision, the Lahore High Court set aside the earlier rulings. It directed the trial court to reconsider the case, specifically allowing the ground of “desertion” to be examined. The judgment effectively recognises that Christian couples who have lived separately for at least two years may seek dissolution or separation on that basis, rather than being forced to prove adultery or cruelty.
The court also ordered that copies of the verdict be circulated to judges across Punjab to ensure proper application of the law and greater awareness of the constitutional protections available to religious minorities. The ruling is widely seen as a significant step toward easing the divorce process for Pakistan’s Christian community and addressing longstanding limitations within the colonial-era legal framework.
