The Lahore High Court (LHC) has ruled that Christian couples in Pakistan can seek dissolution of marriage on the ground of desertion if they have lived separately for at least two years, a decision that would significantly ease the divorce process for members of the minority community.
In a landmark judgment issued on March 6, Justice Jawad Hassan set aside earlier rulings by lower courts that had dismissed a Christian man’s petition for judicial separation after he failed to prove allegations of adultery and cruelty against his wife. The high court remanded the case to the trial court with instructions to reconsider it under the provisions of the Christian Divorce Act 1869, including the ground of desertion.
The petitioner, identified as Shahroz, had been entangled in litigation since 2022 after his attempt to obtain judicial separation was rejected by both the trial and appellate courts. The lower courts ruled that he had failed to substantiate claims that his wife, Tareeza, had committed adultery or subjected him to cruelty.
During proceedings before the high court, however, the judge noted that both parties acknowledged they had been living separately for more than two years. The wife confirmed the separation while appearing as a defense witness.
Desertion recognized as legal ground
In his ruling, Justice Hassan emphasized that desertion is a legally recognized matrimonial wrong under the Christian Divorce Act. The law defines desertion as abandonment against the wishes of the other spouse. Under Section 22 of the Act, either husband or wife may obtain a decree of judicial separation if one spouse deserts the other without reasonable cause for a period of two years or more, the court noted.
“Section 3(9) of the Act defines desertion as ‘an abandonment against the wish of the person charging it,’ while Section 22 enables either husband or wife to obtain a decree of judicial separation on the ground of ‘desertion without reasonable excuse for two years or upwards,’” the judgment stated.
Justice Hassan outlined the essential elements required to establish desertion: the fact of separation (factum deserendi), the intention to permanently abandon the matrimonial union (animus deserendi), the absence of consent from the other spouse, lack of reasonable cause for the withdrawal, and completion of the statutory two-year period.
The judge held that the lower courts had failed to properly consider relevant provisions of the law and constitutional protections related to religious freedom. Citing Article 20 of the Constitution of Pakistan, which guarantees citizens the right to profess and practice their religion, the court observed that Christian litigants must be able to pursue matrimonial remedies consistent with their personal laws.
The high court therefore directed the family court to frame new issues in the case, including the ground of desertion, and reconsider the matter accordingly.
The judgment also included administrative directives aimed at improving how lower courts handle Christian family law cases. Justice Hassan ordered the director general of the Punjab district judiciary to circulate copies of the ruling to district and sessions judges across the province to ensure proper application of the Christian Divorce Act.
The court further instructed the director general of the Punjab Judicial Academy to organize training sessions and workshops for judges on interpreting and applying the Act as well as constitutional protections related to religious freedom.
Colonial-era law & legal hurdles
The ruling highlights longstanding challenges faced by Christians seeking divorce under Pakistan’s legal framework.
The Christian Divorce Act of 1869, a colonial-era statute introduced during British rule in the subcontinent, still governs divorce among Christians in Pakistan. For decades, the law provided limited grounds for men seeking divorce and required husbands to prove adultery by their wives in order to obtain dissolution of marriage. The statute also required the alleged adulterer to be named as a co-respondent in the case — a procedural requirement that often made it difficult for petitioners to pursue divorce and frequently resulted in cases being dismissed on technical grounds.
Human rights advocates and Christian leaders have long criticized these provisions as outdated and discriminatory, arguing that they forced couples to level damaging accusations of adultery simply to end broken marriages.
Pakistan’s courts have previously intervened to address some of these legal obstacles. In 2016, the Lahore High Court restored Section 7 of the Christian Divorce Act after declaring unconstitutional a 1981 ordinance introduced during the rule of Muhammad Zia-ul-Haq that had effectively restricted divorce for Christian men to cases involving adultery.
Legal experts said that decision allowed courts to apply broader principles of matrimonial law in Christian divorce cases and enabled couples to seek separation without having to make adultery allegations.
Christians laud verdict
Senior Christian lawyer Lazar Allah Rakha welcomed the high court’s latest verdict, describing it as “progressive and constitutionally sound.”
“The judgment rightly recognizes that Christian citizens’ right to seek divorce or judicial separation is part of their religious freedom under Article 20,” Rakha said.
“The court also correctly noted that the lower courts failed to properly apply Sections 10 and 22 of the Christian Divorce Act and ignored grounds of cruelty and separation, violating the petitioner’s right to a fair trial under Article 10-A of the Constitution of Pakistan.
“By setting aside the impugned judgments and remanding the case for fresh adjudication, the high court has ensured that decisions are reasoned, not stereotypical,” he told Christian Daily International.
Rakha added that the court’s directives to circulate the judgment among judges and to train the judiciary would promote sensitivity, uniformity and proper application of the law in Christian matrimonial cases.
“This judgment upholds minority rights, procedural fairness and constitutional protections, strengthening both legal clarity and the dignity of vulnerable citizens,” he said.
However, the law governing Christian marriages and divorces still requires comprehensive reform to bring it in line with modern family law standards and to ensure equality between spouses, he emphasized.
Rights advocate Mary James Gill also lauded the high court’s verdict, calling it a historic step forward for religious freedom and gender equality in Pakistan.
“This landmark decision is not only a victory for Christian families but a meaningful step toward ensuring that personal laws reflect dignity, fairness, and equality for all citizens,” she wrote on Facebook.
Christians make up about 1.37 percent of Pakistan’s 241.5 million population, according to the 2023 national census.
