Adultery, the Ground for Dissolution of Christian Marriage in Pakistan: Intersectional Constraint to Christian Women in Pakistan

Abstract

Divorce from a distressful and unhappy marital alliance implies emancipation from perpetual pain, abuse, agony and violence but the social stigma attached to a divorced woman casts its shadow for life in the patriarchal and paternalistic socio-cultural settings in Pakistan. Seeking a judicial redress for dissolution of marriage is a legal right that needs to be available equally to both men and women. However, Christian married couples who apply for a divorce, are left with no options except to invoke the charge of adultery under Christian Divorce Act 1869. Proving adultery as a ground for dissolution of marriage stands as an impediment entailing character assassination of the accused and narrows the application of divorce on other grounds, such as domestic violence, abandonment by husbands and cruelty. The clergy representing Christian community fully supports the ground of adultery for dissolution of Christian marriage and vehemently opposes any position that calls for inclusion of nofault divorce. _________