No Fault Divorce in Pakistan

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Monday, May 30, 2016.

In 1971, Florida passed its “no-fault” divorce law. Recently, a Pakistani court restored a law allowing Christian men to divorce without adultery charges.

The rationale behind no-fault laws was that requiring someone to prove legal grounds to dissolve the marriage was not serving any useful purpose.

I’ve written about no-fault divorces before. Historically in Florida, in order to obtain a divorce one had to prove the existence of legal grounds such as adultery.

This often required additional expenses on behalf of the aggrieved party, only serving to make the divorce process more expensive and cumbersome than it already was.

In the years leading up to the enactment of “no-fault” divorce, courts often granted divorces on bases that were easier to prove, the most common being “mental cruelty.”

Over time, the “no-fault” movement expanded to other states, although interestingly it only reached the typically progressive state of New York in 2010.

In Pakistan, the Lahore High Court restored a law enabling Christian men to adopt a ‘dignified way’ to divorce their wives.

Pakistani, Amin Masih, who wanted to divorce his wife but not on adultery charges, had requested the court to restore the provision undone by the military ruler 35 years ago.

Mr. Masih said he did not want to level the “false allegation” of adultery against his wife. He said the condition of accusing wife of adultery for divorce should be abolished for being unconstitutional and inhuman.

“There are just and reasonable grounds, other than adultery, to divorce a Christian woman,” he said.

Punjab government’s Assistant Advocate-General Anwar Hussain said the provincial government wanted to amend this controversial law, but it was not possible because of lack of consensus among the Christian community leadership.

The court was also told that in the past many Christian men and women changed their religion to divorce each other honorably. The existing law was detrimental to the dignity of Christian women.

The Hindu article is here.