The Express Tribune
Vows under trial
For years, Asiya Bibi has lived separately from her husband in the quiet residential pockets of Lahore, bound to a marriage that exists only on paper. She no longer wishes to remain in the union, yet obtaining a legal divorce remains an uphill, almost insurmountable battle. Under current statutory requirements, she must present and prove specific, highly restrictive grounds in court—a process that is not only emotionally exhausting but often legally impossible to establish after years of complete estrangement.
“We have been living completely separate lives for a very long time,” Asiya says, reflecting on the prolonged legal limbo that has defined her recent years. In every practical sense, the marriage ended long ago. “But the law demands that I go to court and publicly prove specific faults or accusations. Why should a woman be forced into lengthy, degrading court battles when both parties know the relationship is irretrievably broken?” Asiya asks.
Asiya calls for a legal framework that grants women the right to dissolve a marriage with dignity, particularly when separation has persisted for years and any prospect of reconciliation has vanished. Her experience highlights the painful disconnect between administrative legal procedures and the lived realities of individuals trapped in unworkable marriages. Asiya’s dilemma reflects a broader structural crisis across Pakistan, where millions of Christian citizens remain governed by colonial-era family laws that have failed to evolve alongside contemporary society.
A colonial legacy
Marriage, divorce, and inheritance form the bedrock of personal status and family life, yet the legal framework governing these matters for Pakistan’s Christian community dates back to the peak of the British colonial era. The primary statutes—the Christian Marriage Act of 1872, the Divorce Act of 1869, and the Succession Act of 1925—were enacted more than a century ago under the British Raj.
Over the decades, family structures, gender roles, economic dynamics, and social expectations across Pakistan have undergone radical transformations. Yet, these foundational legal statutes remain frozen in time, leaving lawmakers, judges, legal practitioners, and community members continually grappling with provisions that no longer reflect modern social conditions or basic constitutional rights.
While superior courts have occasionally reinterpreted archaic clauses to address pressing grievances, legal experts emphasise that piecemeal judicial interpretation cannot substitute for a comprehensive, legislative overhaul. Relying on courts to bend outdated statutes to fit modern needs creates inconsistency across different jurisdictions, leaving litigating families in state-wide legal uncertainty.
Advocates for reform argue that a modernised family law framework must establish clear, straightforward procedures, safeguard human dignity, and provide effective, accessible remedies when marital or inheritance disputes arise. Crucially, reformers contend that the law should explicitly recognise situations where a marriage has irretrievably broken down, rather than forcing estranged spouses to remain legally bound to a union that has ceased to exist in practice.
The battle over divorce reform
Divorce remains the single most formidable legal hurdle for Christian women in Pakistan. Under Section 10 of the Divorce Act of 1869, dissolving a Christian marriage requires fulfilling rigid, narrowly defined grounds. Historically, this meant that grounds for divorce were exceptionally restrictive, leaving women trapped in hostile or abusive households even after years of physical separation, severe domestic conflict, or complete emotional abandonment.
Peter Jacob, executive director of the Centre for Social Justice, points out that the 1869 statute is fundamentally incompatible with contemporary international human rights standards and constitutional guarantees of equal protection. According to Jacob, legal protections for Christian women will remain critically incomplete unless Section 10 is comprehensively amended to incorporate explicit grounds such as mental and physical cruelty, failure to provide financial maintenance, and the irretrievable breakdown of marriage.
“The Divorce Act of 1869 is a colonial-era law and is no longer compatible with contemporary social conditions,” Jacob says. It was drafted for a completely different social milieu. “Judicial interpretations can provide temporary relief in individual cases, but comprehensive reform can only be achieved through legislation by Parliament. A modernised law,” he argues, “should provide clear procedures and safeguards while ensuring that women are not forced to remain in marriages that have effectively ended.”
According to him, women’s legal protection will remain incomplete unless Section 10 of the Divorce Act includes grounds such as cruelty, failure to provide maintenance and irretrievable breakdown of the marriage.
In recent years, superior courts have attempted to bridge this statutory gap through landmark judicial precedents. Lahore High Court advocate Samuel Pyara highlights a crucial ruling delivered in February 2026. In that case, the Lahore High Court held that if a husband and wife have been living apart continuously for two years, the continuous breakdown of the marital relationship and abandonment by a spouse can serve as valid legal grounds for divorce.
Commenting on the landmark decision, Lahore High Court advocate Samuel Pyara points out that judicial recognition of prolonged separation offers much-needed relief to women in unworkable marriages. While progressive rulings set valuable precedents, he maintains that only a comprehensive legislative amendment can deliver lasting, uniform protection across the country.
Legislative momentum
Recognising the growing urgency of statutory updates, provincial assemblies across Pakistan have initiated steps toward reform, though progress across regions remains fragmented and uneven.
In Punjab, where a significant proportion of Pakistan’s Christian population resides, concrete legislative steps were taken earlier this year. A draft amendment to the Christian Marriage Act was introduced in the Punjab Assembly aimed at overhauling registration standards and age restrictions. In September 2026, the Punjab Assembly’s Standing Committee on Human Rights and Minority Affairs formally approved the draft amendment.
Key provisions of the Punjab draft include setting the uniform minimum marriageable age for both Christian men and women at 18 years, mandating compulsory registration of all Christian marriages, and establishing modern, standardised systems for record-keeping. To support these statutory changes, the Punjab provincial government has also begun developing an online digital portal for marriage registration, aiming to make the process transparent, accessible, and less vulnerable to record tampering or fraud.
Similar legislative stirrings have occurred in other provinces. In Sindh, provincial authorities introduced a draft Christian family law framework to review age, registration, and dissolution standards. Similarly, in Khyber-Pakhtunkhwa (K-P), a draft amendment to the Christian Marriage Act was submitted to the provincial assembly for consideration.
However, despite these encouraging regional efforts, no provincial assembly has yet passed a fully integrated, comprehensive Christian family law code. The absence of a single, unified legal framework means that different aspects of family life—marriage, divorce, child custody, guardianship, and inheritance—continue to be governed by separate, fragmented statutes enacted in different centuries, creating legal ambiguity for families and attorneys alike.
Inheritance and property rights
Beyond marriage and divorce, the question of inheritance and property rights remains a vital battleground for Christian women in Pakistan. Matters of succession and inheritance for Christians are primarily governed by the Succession Act of 1925.
While Pakistani courts have repeatedly affirmed that Christian women possess an indisputable legal right to inherit ancestral and acquired property, the real-world execution of these rights is fraught with severe obstacles. In practice, legal rights guaranteed on paper rarely translate automatically into actual property ownership.
Christian women frequently encounter daunting procedural delays when applying for succession certificates, administrative inertia within land revenue departments, and intense socio-cultural pressure or resistance from male relatives. In many cases, property disputes linger in lower courts for years, during which women are deprived of financial security and income generated by inherited assets.
Legal scholars and human rights advocates emphasise that any broad-based reform of Christian family laws must include robust administrative mechanisms to enforce inheritance rights. Streamlining the issuance of succession certificates, penalising coercive property waivers, and creating specialised legal aid mechanisms are critical steps toward ensuring that women can claim their rightful economic shares without fear of intimidation or financial ruin.
As legislative momentum builds, the debate over family law reform has highlighted delicate tensions between civil rights modernisation and religious tradition. Within the Christian community, marriage is viewed not merely as a civil contract recognised by the state, but as a sacred, lifelong spiritual sacrament.
The Church of Pakistan and various denominational leaders have expressed lingering reservations regarding legislative processes that do not fully engage church authorities. Church representatives maintain that because Christian matrimony involves deep theological principles, any alterations to statutory rules governing marriage and dissolution must carefully respect ecclesiastical traditions.
Church leaders argue that while administrative improvements—such as raising the marriage age to 18 and implementing digital registration—are widely welcomed, changes surrounding divorce standards require careful theological nuance. They stress that comprehensive, structured consultations between state lawmakers, legal experts, women's rights organisations, and church leadership are essential to ensure that new laws align with constitutional guarantees without impinging upon religious doctrine.
Falbous Christopher, a Christian member of the Punjab Assembly, emphasises the necessity of building broad consensus among all stakeholders before finalising legislation.
He calls for bringing marriage age, registration, divorce, custody, and inheritance under one comprehensive legal framework, but cautions that all stakeholders—including clergy, legal experts, and civil society—must be taken into confidence to ensure reforms solve real-world problems while respecting the community's religious identity.
The road ahead
The ongoing debate surrounding Christian family laws in Pakistan extends far beyond technical legislative editing. At its core, the drive for reform is about fundamental human rights, gender equality, institutional protection for vulnerable women and children, and equal access to justice under the constitution.
While recent judicial decisions from the Lahore High Court and draft legislative proposals in Punjab, Sindh, and Khyber-Pakhtunkhwa mark important steps forward, temporary remedies and piecemeal drafts are not enough. Without a unified, nation-wide or fully enacted provincial legislative framework, thousands of women like Asiya Bibi will remain trapped in legal uncertainty, caught between antiquated nineteenth-century statutes and twenty-first-century social realities.
Achieving meaningful, lasting reform will require sustained political will, parliamentary commitment, and collaborative dialogue among provincial assemblies, higher courts, religious institutions, and civil society advocates. Only through a balanced, comprehensive legislative framework can Pakistan ensure that its Christian citizens are granted the legal certainty, dignity, and rights they deserve.
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