The Accusation of Adultery in The Christian Divorce Act, 1869 in Pakistan:

A violation of Christian Women's Dignity

by Ayra Indrias Patras

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Divorce should ideally signify emancipation from an unhappy marital alliance and the right to dissolve a marriage is one that is available to men and women around the world. However, Christian married couples in Pakistan face a major dilemma when attempting to seek judicial redress for their grievances. Those who apply for divorce must invoke the charge of adultery under the prevalent divorce legislation, which is the Christian Divorce Act 1869. This requirement, coupled with a number of socio-cultural and religious factors means that many people are unable to seek or successfully obtain a divorce in Pakistan. The other practical reasons for which people may want to dissolve their marriage, such as domestic violence, abandonment cruelty, and drug addiction are not taken into consideration as grounds for divorce in the CDA 1869. This leaves the Christian couple with no other option but to allege adultery even when this is not the case, Additionally, the clergy representing the Christian community filly supports adultery as the sole ground for dissolution of any Christian marriage and vehemently opposes any position that calls for the inclusion of no-fault divorce. A number of Inman rights activists of the Christian community and certain secular non-government organisations have also been spearheading a campaign for amendments to the Christian Divorce Act 1869 for over two decades in order to amend the Christian Divorce Act 1869. It is in this context that this article attempts to identify the problems with the law, the violations of human dignity that arise as a result, and the plight of Christian women who are constrained (legally, socially and religiously from exercising their right to divorce.