The recent court ruling has created space for discussion on colonial-era Christian laws of marriage and divorce

A recent court judgment has once again brought the Christian Marriage and Divorce Acts into the spotlight. The court allowed a Christian man to divorce his wife on the grounds of desertion. Some Christians, including lawyers and human rights activists, have supported the ruling. The judgment could have significant implications for the Christian Marriage Act of 1872 and represents an important judicial intervention in the interpretation and application of the Christian Divorce Act of 1869, which are still in force. These laws were introduced in the Indian subcontinent by British colonial rulers, and after gaining independence in 1947, Pakistan retained them.

On March 7, the Lahore High Court allowed a Christian couple to dissolve their marriage after they had been living separately for almost two years. Since 2022, Shahroz, a Christian man, has been caught in litigation after filing a petition for judicial separation, which was dismissed by both the trial and appellate courts because he could not prove allegations of adultery and cruelty against his wife, Tareeza. Later, he filed a constitutional petition in the Lahore High Court seeking relief. He wife also wanted divorce.

The court removed the earlier requirement that divorce must be proven on the grounds of adultery or cruelty—a provision dating back to the colonial era. Justice Jawad Hassan of the Lahore High Court stated that the verdict was delivered in line with the constitutional provision guaranteeing religious freedom.

Miss Nadia Hameed, a........

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