Talitha KUMI request LHC to uphold earlier decision to restore section 7 of Christian Divorce Act 18

LAHORE: Talitha KUMI on Thursday request the Lahore High Court to uphold the earlier decision of the court of restoring section 7 of Christian Divorce Act 1869, which enabled Christian men to divorce their spouses without using the charge of adultery.

Lahore High Court bench head by Justice Ayesha A. Malik was hearing an Inter-Court Appeal filed by Emmunal Francis to impugned the verdict of Chief Justice Syed Mansoor Ali Shah last year.

Talitha KUMI filed an application through its counsel Advocate Haroon Suleman to become necessary party under order 1, rule 10 of The Civil Procedure Code 1908, in this Inter-Court Appeal. Talitha Kumi requested Court that since its inception, Talitha Kumi dealt hundreds of cases of Christian couple seeking dissolution of Marriage and witness the misery of unequal treatment of women, Therefore, it is unequivocally clear that Talitha KUMI which is a body primarily, exclusively and passionately concerned with the well-being of all women specially Christian women in Punjab, has a direct locus standi in the present case.

Last year in June, The Lahore High Court allowed a petition challenging a provision of the Christian Divorce Act 1869, which requires a Christian couple to use allegation of adultery for dissolution of marriage.

In his verdict, Chief Justice Syed Mansoor Ali Shah said the Christians would be able to depart in a dignified way without accusing each other of adultery. The chief justice said the court restored section 7 of the Christian Divorce Act 1869 enabling the couples to approach a court of law for dissolution of marriage on ordinary grounds. Reasons would be given in a detailed verdict.

The section 7 of the Act was suspended by then military ruler Ziaul Haq through an ordinance in 1981 leaving no ground for Christian men for divorcing their wives except on adultery charges.