Issuance of divorce certificates to minorities: LHC directs Punjab govt to frame requisite rules in 90 days

LAHORE: The Lahore High Court has directed the Punjab government to frame the requisite rules for registering divorces and issuing divorce certificates of minorities in general and the Christian community in particular within 90 days.

The court passed these directions on a petition of Shumaila Sharif who approached the court against a secretary union council who refused to issue a divorce certificate because she is a Christian. The court observed that the Registration Policy of the National Database and Registration Authority (Nadra) allows a change of marital status of a divorcee on the basis of an affidavit in the prescribed form. Until the provincial government frames rules as directed, the Nadra shall accommodate the Christian community in accordance with the Registration Policy, the court added.

The court, therefore, directed the petitioner to re-apply to Nadra for the issuance of a Computerised National Identity Card (CNIC) and submit her affidavit in the prescribed form along with a certified copy of the civil court’s verdict and decree. The court directed the Nadra to process the application petition in accordance with the law.

The court disposed of the petition and said 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 have their CNIC updated/revised.

The court observed that the Constitution of Pakistan does not explicitly guarantee the right to identity. However, Article 9 and Article 14 safeguard that right, the court added.

The court said the Christian Marriage Act of 1872 and the Divorce Act of 1869 are the principal family laws for Christians in our country. Section 202 of the Punjab Local Government Act 2022 empowers the government to make rules for carrying out the purposes of the said 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. The local governments have also not made any bye-laws in this regard in terms of Section 203. This court considers that rules/by-laws under Sections 202/203 of the PLGA 2022 are necessary to meet the situation.

Shumaila’s husband had filed a petition for the dissolution of their marriage, which the civil court granted. Subsequently, at the petitioner’s request, the Pastor of Trinity Gospel Church Ministries in Lahore issued a certificate of separation.

The petitioner’s CNIC expired on October 03, 2021, and she wanted to replace her ex-husband’s name with her father’s name. When she applied to the Nadra for a renewal of her CNIC, it refused to include the father’s name of petitioner and asked her to provide a divorce certificate from the union council concerned. She requested a divorce certificate from the secretary of the union council, Kot Lakhpat, Lahore, but he refused and said that it was not issued to the Christian community.

Copyright Business Recorder, 2023