Saima saber
Saimk5540@gmail.com
Maria’s marriage to Daniel began with hope but soon turned into a nightmare of abuse and irreconcilable differences. Seeking to escape her troubled relationship, Maria turned to Pakistan’s Christian Divorce Act of 1869. What she didn’t expect was a grueling three-year legal battle (2018-2021) that would drain her emotionally, financially, and psychologically. Under this colonial-era law, Maria had to prove her husband’s adultery, as abuse and incompatibility were not considered valid grounds for divorce. Gathering evidence was nearly impossible. Yet, she persevered, facing stigma, court delays, and societal pressure. In 2021, Maria was finally granted her divorce. But she emerged from the ordeal frustrated and exhausted, calling the process “needlessly punishing” and a reflection of laws that haven’t kept pace with reality.
Her story is not unique. Many Christian couples in Pakistan find themselves trapped in broken marriages due to the outdated Christian Marriage and Divorce Acts — laws introduced during British rule and left largely unchanged since the country’s independence in 1947. Christian marriages in Pakistan are governed by the Christian Marriage Act of 1872 and the Divorce Act of 1869. These laws, drafted in a vastly different social and historical context, impose rigid procedures for marriage solemnization and divorce. Divorce, in particular, is laden with burdensome requirements. Under the law, the primary acceptable ground for divorce is proving adultery — a difficult and often invasive process. Grounds like domestic abuse, emotional cruelty, or incompatibility are not recognized, leaving many, especially women, with few options.
For Christian women, the process is particularly daunting. Societal stigma around divorce, compounded by legal complexities, forces many to endure abusive relationships rather than seek freedom. One pastor described the situation succinctly: “These laws leave women trapped. Even when their safety is at risk, the barriers to divorce are too high.” Legal experts and civil society groups have long advocated for reforms to these archaic laws. They argue that the current system disproportionately harms Christian women, forcing them into prolonged legal struggles or impossible choices. Human rights advocates suggest that modernizing the divorce framework would protect vulnerable individuals while respecting religious sentiments.
Other countries have demonstrated that reform is possible without undermining faith. Many jurisdictions now recognize broader grounds for divorce, including emotional abuse, irreconcilable differences, and no-fault divorces. These changes reflect evolving societal norms that prioritize fairness, individual dignity, and gender equality. The push for reform is complex. Religious leaders, both Christian and Muslim, play a crucial role in shaping this conversation. While some fear that changes might dilute religious values, others believe reform can strengthen family life by promoting justice and compassion. A local priest noted, “Updating these laws isn’t about weakening faith; it’s about ensuring that our faith protects everyone, especially the vulnerable.”
Pakistani lawmakers and NGOs working with minority communities are also voicing support for a more inclusive legal framework. They emphasize that reform can protect Christian women while enhancing Pakistan’s commitment to religious freedom and social justice. The case of Maria and countless others underscores the urgent need for change. As debates continue, one thing is clear: Pakistan’s Christian community deserves marriage and divorce laws that reflect modern realities while respecting religious traditions. Balancing these aspects can ensure a future where fairness and dignity prevail for all citizens.
