Law: Constitution of Pakistan, 1973

Section: 199, 20, 10-A, 4

Law: Christian Divorce Act, (IV of 1869)

Section: 7, 9, 11, 22, 3(9)

Law: Code Of Civil Procedure, 1908.

Section: 1 & 6

Law: Qanun-e-Shahadat Order, 1984

Section:

 Summary The petitioner filed a constitutional petition under Article 199 of the Constitution of Pakistan challenging the concurrent judgments of the Civil Judge and Additional District Judge, Mianwali, whereby his petition for judicial separation/dissolution of marriage under the Christian Divorce Act, 1869 against his wife was dismissed. The petitioner and respondent, both Christians, married on 06.06.2022. The petitioner initially filed a petition for dissolution on the ground of adultery, which was dismissed. After withdrawing the case with permission to file afresh, he filed a new petition under Sections 7 and 10 of the Christian Divorce Act alleging cruelty. The trial court dismissed the petition on the basis that adultery was not proved and the alleged adulterer was not impleaded as a co-respondent. The appellate court upheld this decision. The High Court observed that the courts below misdirected themselves by focusing only on adultery and failed to examine the alternative grounds of cruelty and desertion, despite evidence indicating that the parties had been living separately for a considerable period. It was further held that the judgments of the courts below were sketchy and based on technicalities, without proper appreciation of evidence and without complying with Order XX Rules 1 and 6 CPC. The Court held that in matters involving Christian matrimonial disputes, strict evidentiary discipline under the Christian Divorce Act, Qanoon-e-Shahadat Order, and CPC must be followed, and courts should avoid reliance on allegations of adultery without strict proof as such allegations affect dignity and civil status. The High Court, exercising supervisory jurisdiction, set aside the concurrent judgments and remanded the case to the trial court for fresh adjudication, directing that appropriate issues including cruelty and desertion be framed and decided after proper evidence.  Tag Line In Christian matrimonial disputes, courts must strictly follow evidentiary discipline under the Christian Divorce Act and CPC; failure to consider statutory grounds such as cruelty or desertion and reliance on technicalities warrants remand for fresh adjudication.…