A Pakistani court has directed Punjab province's law department to propose an amendment to the 146- year-old Christian Divorce Act that stipulates adultery as the "only legal ground" a Christian couple could divorce.
The directive by the Lahore High Court was issued after a man named Ameen Masih filed a petition challenging the Christian Divorce Act of 1869.
A section of the act stipulates adultery as the "only legal ground" a Christian couple could divorce.
Masih said he was not living happily with his wife over the past two years as he did not enjoy good relations with his in-laws.
"I want separation with my wife but I had to accuse her of adultery for the purpose, which she never committed," he said.
In the case, the Lahore High Court had first sought help from the Bishop of Lahore.
However, the Bishop could not propose an amendment to the relevant section to address the plea of the petitioner.
Justice Mansoor Ali Shah of the Lahore High Court yesterday disposed of the petition filed by Masih and directed the law department to propose an amendment to the relevant section of the Christian Divorce Act.
Masih argued that the Christian Divorce Act, required that a Christian could divorce his wife only on the grounds of adultery. He said the act existed since colonial period and it should be amended.
Referring to the marriage laws in the US and England, Masih said in these countries Christians had no such requirement for divorce.
"Section 10 of the Act is ultra vires of the Pakistan Constitution," he said and pleaded the court to strike down the impugned section so the Christian men could divorce their wives in a "dignified manner".
