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Punjab ordered to issue divorce certificates to non-Muslims

Published

1 year ago

Farwa

Lahore High Court directs provincial authority to frame rules within 90 days.
Petitioner says issue is faced by many members of Christian community.
NADRA’s Registration Policy allows change of marital status on basis of affidavit.

The Lahore High Court (LHC) Wednesday directed the Punjab government to frame, within 90 days, rules under which union councils would issue divorce certificates to members of Christian and other non-Muslim communities in Pakistan.

In many parts of the country, the divorce certificates are not issued to non-Muslims by union councils that instead claimed such certificates were “not issued to the Christian community.” This is an issue for members of the said community because, without a divorce certificate, they cannot request the National Database and Registration Authority (NADRA) to update their marital status while applying for the renewal of their identity cards.

The matter was brought to the attention of the LHC during the case Shumaila Sharif vs the secretary union council etc.

The petitioner in her appeal requested that the court is a writ of Mandamus — an order from a court to an inferior government official ordering the government official to properly — against the relevant union council and direct it to issue her the divorce certificate.

The case proceedings

The petition was heard on December 16 last year and the presiding judge was Judge Tariq Saleem Sheikh.

During the proceedings, the counsel of the petitioner, Advocate Umar Saeed, said that the issue was faced by several people in the Christian community and was not a one-off incident.

Citing Section 33 (1)(j) of the Punjab Local Government Act 2022 (PLGA 2022) — which mandates that union councils ensure registration of births, deaths, marriages and divorces for all the communities without discrimination — and Article 36 of the Constitution, which expressly requires the state to protect the minorities’ legitimate rights and interests, the counsel argued that by refusing to issue the requisite certificate, the council was failing to fulfil its legal duty.

Additionally, Advocate Kashif Alexander, the court’s amicus curiae on the matter, contended that obtaining a divorce certificate is a legal right that cannot be denied.

Together the two emphasise that while the Constitution of Pakistan (1973) does not explicitly guarantee the right to identity, Article 9 (right to life) and Article 14 (dignity of man) safeguard that right. Therefore, any citizen whose marital status changes due to the dissolution of marriage by divorce has a fundamental right to obtain a divorce certificate from the competent authority and then have their CNIC updated/revised.

The Additional Advocate General has little to defend the respondents and said that the provincial government was taking steps to address the complaints of the Christian community regarding the non-issuance of divorce certificates.

The verdict

During the proceedings, it was brought to the court’s attention that NADRA’s Registration Policy dated 06.04.2021 (Version 5.0.2) allowed a change of marital status of a divorcee on the basis of an affidavit in the prescribed form.

In light of this, the court directed that until the provincial government framed the requisite rules needed for the issuance of the divorce certificate by the union council, NADRA shall accommodate the Christian community in accordance with the Registration Policy 19.

Latest News

CM Maryam resolved to avert tragedies like May 9.

Published

22 hours ago

Farwa

On Thursday, Punjab Chief Minister Maryam Nawaz resolved to prevent similar events like May 9.

On the occasion of the May 9 anniversary, CM Maryam stated, “The May 9 mayhem is the blackest chapter in the country’s history.” Even the opponents cannot replicate what those seeking power did on May 9.”

CM Maryam insisted: “Those who attempted to weaken the country have been exposed. They [the May 9 perpetrators] do not deserve to be forgiven for causing harm to the country for political purposes.”

“Those who have maligned the martyrs are not aware of their [martyrs] status,” she explained.

The nation will not forgive the perpetrators of the May 9 attacks. Shehbaz Sharif —

Prime Minister Shehbaz Sharif declared earlier today that the nation will not forgive anyone responsible for the May 9 vandalism.

According to the information, the premier presided over a special meeting of the federal cabinet. The Prime Minister brought up the May 9 disturbances on this occasion. “Despite the passing of one year, the people of the country have not forgotten their culprits,” he added.

PM Shehbaz stated, “May 9th is not only the saddest day in the country’s history. However, it is also a day of philosophical disputes.”

Asif said, “On one side are the heroic sons, their families, and the patriotic masses. On the other side, there are people who have nothing to do with the national interest.”

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The nation will not forgive the culprits of May 9: Shehbaz Sharif

Published

22 hours ago

Farwa

Prime Minister Shehbaz Sharif warned on Thursday that the nation will not forgive anyone responsible for the May 9 vandalism.

PM Shehbaz stated, “May 9th is not only the saddest day in the country’s history. However, it is also a day of philosophical disputes.”

Asif said, “On one side are the heroic sons, their families, and the patriotic masses. On the other side, there are people who have nothing to do with the national interest.”

Aleem Khan, all praise for martyrs on May 9-

On the first anniversary of the May 9 vandalism, federal Minister for Privatization Aleem Khan paid tribute to the country’s martyrs.

Aleem Khan stated, “I have a lot of respect for the Pakistan Army. The country exists because of its strong and powerful army.”

The president of the Istehkam-e-Pakistan Party (IPP) praised the country’s martyrs’ sacrifices.

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An NA speaker describes May 9 as the darkest day in the country’s history.

Published

22 hours ago

Farwa

On Thursday, National Assembly Speaker Ayaz Sadiq declared that May 9 will be regarded as the darkest day in the country’s history.

Sadiq condemned the events that occurred on May 9, last year, saying: “The enraged group had attacked military installations.”

He stated: “The attack was an attempt to weaken the institutions and challenge the writ of the state.”

He further stated: “The violent activities under the guise of the protest cannot be tolerated.”

“Any attempt to weaken the country is unacceptable. Sadiq claimed that one party and one individual had destroyed the country in order to achieve their wicked goals.

Sadiq argued that: “Any matter can be resolved by sitting in the parliament and holding talks.”

He continued: “There is a need to make joint efforts to bid farewell to the politics of division and hatred.”

“Anarchy, imbroglio are the biggest obstacles to the development of the country,” he continued.

He stated that “It is deplorable to launch a maligning campaign against the state institutions.”

“The May 9 culprits will have to be answerable according to the law,” according to him.

Sadiq urged all political parties to promote democratic principles.