Christian couples can divorce or file for separation in accordance with British customs and traditions. Section 7 of the Christian Divorce Act 1869 Restored by LHC

 The Lahore High Court (LHC) on Monday restored Section 7 of the Christian Divorce Act 1869 earlier omitted through an ordinance promulgated by then military ruler General Ziaul Haq in 1981.

Justice Syed Mansoor Ali Shah declared Federal Law and Clause Ordinance 1981 as null and void which had omitted Section 7 from the Christian Divorce Act.
 

7. Subject to the provisions contained in this Act, the High Court Division and District Courts shall, in all suits and proceedings hereunder, act and give relief on principles and rules which, in the opinion of the said Courts, are as nearly as may be conformable to the principles and rules on which the Court for Divorce and Matrimonial Causes in England for the time being acts and gives relief:
Provided that nothing in this section shall deprive the said Courts of jurisdiction in a case where the parties to a marriage professed the Christian religion at the time of the occurrence of the facts on which the claim to relief is founded.

With restoration of this section, Christian couples can divorce or file for separation in accordance with British customs and traditions. Previously, as per section 10 of the 1981 ordinance, Christian couples could only file for separation or divorce on one reason which was adultery.

Petitioner’s counsel Sheraz Zaka told the court that after the omission of section 7 of the Act the principles of English Divorce Court had been overshadowed and neglected which placed the entire statute to be administered in an ex-facie and discriminatory manner.

Zaka said in the UK the Matrimonial Causes Act was now interpreted in a liberal manner providing a cushion to both Christian men and women to part ways if their marriage was irretrievably broken down or with mutual consent, but this ground was not available in Pakistan for Christians.