DIVORCE AMONGST CHRISTIANS IN PAKISTAN: LAW & PRACTICE
Introduction
Christian marriage is traditionally regarded as a sacred and lifelong union, fundamentally different from Muslim marriage, which is treated as a civil contract. The principle that marriage should endure “till death do us part” shapes Christian matrimonial jurisprudence. However, modern societal realities necessitate legal mechanisms for dissolution where relationships become untenable.
In Pakistan, the law governing Christian divorce is primarily encapsulated in the Divorce Act, 1869, a colonial-era statute that continues to regulate matrimonial disputes among Christians. Despite societal evolution, the law remains largely outdated, raising serious constitutional and human rights concerns.
Applicability of the Divorce Act, 1869
The Divorce Act, 1869 applies to all Christians domiciled in Pakistan. It governs:
- Divorce (dissolution of marriage)
- Judicial separation
- Nullity of marriage
- Alimony and property rights
However, this article focuses specifically on divorce and judicial separation.