LAHORE: The Lahore High Court on Thursday directed the Punjab Law Ministry to table a bill in the provincial assembly for an amendment to the Christian Divorce Act 1869 enabling the Christian couples to separate in a dignified way.

Justice Syed Mansoor Ali Shah passed this order on a petition filed by a Christian man who wanted to divorce his wife without accusing her of adultery.

Advocate Sheraz Zaka said petitioner Ameen Masih had not been living happily with his wife for the past two years and wanted separation with her. However, he said, the petitioner had to accuse her of adultery for the purpose, which she never committed.

The counsel said the Christian Divorce Act 1869, required that a Christian could divorce his wife only on the ground of adultery. He argued that Section 10 of the Act was in conflict of various provisions of the Constitution. He asked the court to strike down the impugned section so the Christian men could divorce their wives in a respectful manner.

In this case, the court had sought assistance from the Lahore bishop, however, he remained unrepresented.

The government counsel told the court that an order could be passed for introducing amendment to the law.

At this, Justice Shah directed the law ministry to present a bill in the Punjab assembly for the purpose and disposed of the petition.

Published in Dawn, April 3rd, 2015

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