Mst. SHUMAILA SHARIF vs The SECRETARY, UNION COUNCIL Ss — 2024 PLD 443 LAHORE-HIGH-COURT-LAHORE

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Mst. SHUMAILA SHARIF VS The SECRETARY, UNION COUNCIL Ss.10, 22 & 55---Christian Marriages Act (XV of 1872), Preamble---Family laws for Christians in Pakistan---Scope---Christian Marriages Act, 1872, and the Divorce Act, 1869, are the principal Family laws for Christians in Pakistan---Every church has its precepts, but said statutes prevail where there is a conflict---Divorce Act was enacted in 1869 ('the Divorce Act') to amend the law relating to divorce and matrimonial causes relating to persons professing the Christian religion and to confer jurisdiction on certain courts in respect thereof---Section 10 of the Divorce Act specifies the grounds on which the husband and wife may file petition for dissolution of marriage---Section 22 of the Divorce Act prohibits the court from passing a decree for divorce a mensa et thoro but allows the husband or wife to obtain a decree of judicial separation on the ground of adultery, cruelty, or desertion without reasonable excuse for two years or upwards of marriage---Section 55 of the Divorce Act states that all decrees and orders rendered by the Court in any suit or proceeding brought under the Divorce Act shall be enforced and may be appealed in the same manner as decrees or orders issued by the Court in the exercise of its original civil jurisdiction under the laws for the time being in force---A court-decree for dissolution of marriage entails legal consequences in all cases and creates rights and liabilities for the parties---Divorce Act stipulates such implications for Christians, and one of them is that either party can marry again after the prescribed period has elapsed. Citation Name: 2024 PLD 443 LAHORE-HIGH-COURT-LAHORE Mst. SHUMAILA SHARIF VS The SECRETARY, UNION COUNCIL Ss. 33(1)(j), 202 & 203---National Database and Registration Authority Ordinance (VIII of 2000), S. 21--- Divorce Act (IV of 1869), S. 10---NADRA's Registration Policy dated 06.04.2021 (Version 5.0.2)---Divorce certificate, issuance of---Entitlement of citizen---Scope---Lady/petitioner and (private) respondent, both Christians, got married---Respondent filed a petition for the dissolution of their marriage, which was granted by the Civil Court---Subsequently, at her request, the concerned Pastor/Church issued a Certificate of Separation---Later, when petitioner's Computerized National Identity Card (CNIC) expired and she wanted to replace her ex-husband's name with her father's name, she applied to the National Database and Registration Authority (NADRA) (respondents) for renewal of her CNIC, but it refused to include the petitioner's father's name and asked her to provide divorce certificate from the concerned Union Council---Petitioner requested a divorce certificate from the concerned Secretary, Union Council (respondent), but he refused to do the same on the basis that it was not issued to the Christian community---Petitioner (Christian lady)sought a writ of mandamus against official respondents for issuance of a divorce certificate---Contention of the petitioner was that NADRA declined to accept the Court's decree and the Pastor's Certificate as sufficient proof of the dissolution of her marriage---Validity---It is the function of the Local Government to register births, deaths, marriages, and divorces and issue certificates in respect thereof---Under S. 33(1)(j) of the Punjab Local Government Act, 2022, it is the mandate of the Union Council---Section 21 of the National Database and Registration Authority Ordinance, 2000, ordains that the marriage or divorce of a citizen should be reported to the National Database and Registration Authority (NADRA)---Section 202 of Punjab Local Government Act, 2022, empowers the Government to make rules for carrying out the purposes of the Punjab Local Government Act, however, it has not framed any rules for the registration of divorces of minorities in general and the Christian community in particular and the issuance of divorce certificates---Local governments have also not made any bye-laws in this regard in terms of S. 203---Petitioner is not the only person who has complained of non-issuance of a divorce certificate by a Union Council as this is a general issue that the Christian community is facing---Rules/bye-laws under Ss. 202 & 203 of the Punjab Local Government Act, 2022, were necessary to meet this situation----Government of Punjab should frame the requisite rules and issue notifications and letters, etc., within 90 days from the date of announcement of this judgment---During the proceedings, it had been brought to the notice of High Court 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---Until the Provincial Government framed rules as directed above, NADRA shall accommodate the Christian community in accordance with the Registration Policy---High Court directed the petitioner/lady to re-apply to NADRA for the issuance of CNIC and submit her affidavit in the prescribed form along with a certified copy of the Civil Court's judgment and decree of separation of marriage for her application to be processed in accordance with the law and the Registration Policy dated 06.04.2021---Constitutional petition filed by Christian/lady divorcee was disposed of accordingly. Citation Name: 2024 PLD 443 LAHORE-HIGH-COURT-LAHORE Mst. SHUMAILA SHARIF VS The SECRETARY, UNION COUNCIL Ss. 10, 22 & 55---Constitution of Pakistan, Arts. 2-A, 4, 9 & 14---Christian Marriages Act (XV of 1872), Preamble---Citizens including the minorities of Pakistan---Right to identity---Scope------Divorce certificate, issuance of---Identity of person---Right to a divorce certificate---Constitution of Pakistan, though, does not explicitly guarantee the right to identity, however, in the case reported as Hafiz Awais Zafar v. Judge Family Court, Lahore, and others (PLD 2022 Lahore 756), the High Court held that Art. 9 (right to life) and Article 14 (dignity of man) safeguard said 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---Constitution of Pakistan gives minorities a special status; its Preamble states that the State shall make adequate provisions for the minorities to profess and practice their religions and develop their cultures---Secondly, the State shall guarantee fundamental rights, including equality of status, opportunity and before the law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship, and association, subject to the law and public morality---Thirdly, the State shall make adequate provisions to safeguard the legitimate interests of minorities---Said asseverations are then secured through Article 2A and Article 4 of the Constitution---High Court directed the petitioner/lady to re-apply to NADRA for the issuance of CNIC and submit her affidavit in the prescribed form along with a certified copy of the Civil Court's judgment and decree of separation of marriage for her application to be processed in accordance with the law and the Registration Policy dated 06.04.2021---Constitutional petition filed by Christian/lady divorcee was disposed of accordingly.

Mst. SHUMAILA SHARIF vs The SECRETARY, UNION COUNCIL Ss — 2024 PLD 443 LAHORE-HIGH-COURT-LAHORE

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