ISLAMABAD: A Christian woman has filed a petition before the Islamabad High Court (IHC) seeking the dissolution of her marriage under section 7 of the Christian Divorce Act, which was suspended by the Ziaul Haq regime and restored by the Lahore High Court (LHC) in June 2017.

Section 7 states that a Pakistani court must in Christian matrimonial and divorce cases must follow English law, where divorce is possible, unlike the Christian religious injunctions where there is no concept of divorce, the petitioner’s lawyer said.

A family court judge, while hearing Nazia Riasat’s application on Oct 20, 2017, dismissed the application to the extent of dissolution of marriage and converted it to judicial separation. An additional district and sessions judge also dismissed her appeal under section 10 of the aforementioned act. Ms Riasat has now filed a petition before the IHC seeking a divorce under section 7. IHC Justice Aamer Farooq will hear the matter today (Friday).

The petition cites Shehzad Masih, the petitioner’s husband, as a respondent.

The petitioner’s counsel Farah Hassan argued before the court that divorce in the Christian community is governed by the Christian Divorce Act. Religiously, there is no concept of divorce unless the husband can prove in court that the wife commited adultery.

Section 10 of the act reads: “Any husband may present a petition to the District Court or to the High Court Division, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been guilty of adultery.”

However, section 7 of the act states that in divorce and matrimonial cases, a Pakistani court must follow English courts.

Section 7 states: “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.”

Ms Hassan said divorce is also a fundamental right, and no one could be forced into a marriage where the husband tortures his wife, deserts her and does not provide her with expenses.

Published in Dawn, April 20th, 2018