Case Details

Citation(s)
2025 SLG 3951 2025 SLD 3951 = 2025 LHC 5536

Writ Petition No.2705 of 2021
Malik Javid Iqbal Wains J
Date of hearing: 25.04.2025 Petitioners by: Sardar    Sohail    Asmat    Ullah,    Advocate              in W.P.No.2705/2021. M/s    Muhammad   Akram   and   Javed         Akbar Bhatti, Advocates in W.P. No.318/2025.
Respondents by: M/s Raja Khurram Khushal, Naveed Ahmad and Umair Majeed Abbasi, Advocates. State by: Mr. Imran Shoukat Rao, Assistant Advocate General. Amicus curiae: Barrister Khadija Siddique Malik & Fatima Khan, Advocates.

Saira Bibi & 4 others

VS

. Muhammad Hafeez & another

Law: Pakistan Citizenship Act, 1951

Section: 14B

Law: Family Courts Act, 1964

Section: 5, 6

Law: West Pakistan Family Courts Act, 1964

Section: 1(2)

Law: NADRA Appointment and Emoluments of Chairman and Members Rules, 2020

Section: 10, 11, 12, 13

Summary:
The petitioners, permanent residents of Azad Jammu & Kashmir (AJ&K), filed suits for dissolution of marriage (Khula) and maintenance before the Family Court Rawalpindi. The appellate courts had dismissed their suits, claiming lack of territorial jurisdiction because the petitioners were AJ&K residents. The Lahore High Court held that since the petitioners are residing in Rawalpindi, hold valid Pakistani NICs, and Section 14B of the Pakistan Citizenship Act, 1951 grants them Pakistani citizenship while retaining their State Subject status, the Family Court Rawalpindi has jurisdiction. The impugned appellate judgments were set aside and the cases remanded for decision on merits.

Sections Used:
14B Pakistan Citizenship Act, 1951; Section 5 Family Courts Act, 1964; Section 1(2) West Pakistan Family Courts Act, 1964; Rule 6 Family Court Rules, 1965; Sections 10, 11, 12, 13 NADRA Ordinance, 2000

Two-word Description:
Jurisdiction Citizenship

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