| Citation(s) |
|---|
| 2024 SLG 5961 2024 SLD 5961 = 2024 PLD 443 |
Lahore High Court
Writ Petition No. 66288 of 2022, decided on 18th January, 2023.
Before Tariq Saleem Sheikh, J
Umar Saeed for Petitioner. Imran Muhammad Naeem with Hamid Rafiq, Law Officer, NADRA for
Respondent No.2. Mukhtar Ahmad Ranjha, Additional Advocate General for
Respondent No.3. Mian Muhammad Iqbal for
Respondent No.4. Hashim Ali Gill, Assistant Director (Litigation), Local Government and Community Development Department for
Respondent No.5. Ms. Rizwana Naveed, Additional Secretary, Human Rights and Minorities Affairs Department, with Naveed Ahmad Goraya and Faisal Mukhtar, Law Officers for
Respondent No.6. Kashif Alexander, Amicus curiae.
Writ Petition No. 66288 of 2022, decided on 18th January, 2023.
Before Tariq Saleem Sheikh, J
Umar Saeed for Petitioner. Imran Muhammad Naeem with Hamid Rafiq, Law Officer, NADRA for
Respondent No.2. Mukhtar Ahmad Ranjha, Additional Advocate General for
Respondent No.3. Mian Muhammad Iqbal for
Respondent No.4. Hashim Ali Gill, Assistant Director (Litigation), Local Government and Community Development Department for
Respondent No.5. Ms. Rizwana Naveed, Additional Secretary, Human Rights and Minorities Affairs Department, with Naveed Ahmad Goraya and Faisal Mukhtar, Law Officers for
Respondent No.6. Kashif Alexander, Amicus curiae.
Mst. SHUMAILA SHARIF---Petitioner
VERSUS
The SECRETARY, UNION COUNCIL and 5 others---Respondents
Law: Divorce Act, 1869
Section: IV,10,22,25
Law: Christian Marriage Act, 1872
Section: XV
Law: Constitution of Pakistan, 1973
Section: 2A,4,9,14
(a) Divorce Act (IV of 1869)-------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.(b) Divorce Act (IV of 1869)-------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…