| Case ID |
0a57fa48-5dc2-4b0e-8e74-66e195697d48 |
| Body |
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| Case Number |
Presidents Reference No. 1 of 1996 |
| Decision Date |
Mar 19, 1997 |
| Hearing Date |
|
| Decision |
The court addressed critical questions regarding the status of State Subjects in Azad Jammu and Kashmir, particularly focusing on the rights of women who marry non-State Subjects and the implications for their children. The court concluded that women who marry non-State Subjects retain their status as State Subjects unless they acquire another nationality. Additionally, children of such women do not acquire State Subject status. The court emphasized the importance of the laws governing citizenship and nationality, affirming that these matters are determined by municipal laws and can be amended without affecting the Kashmir issue. The decision provides clarity on the inheritance rights of State Subject women who leave the State after marriage, confirming they retain their rights to inherit property. |
| Summary |
This case revolves around the legal status of State Subjects in Azad Jammu and Kashmir, specifically focusing on the implications of marriage to non-State Subjects. The Supreme Court addressed significant legal questions posed by the President regarding the citizenship status of women and their children in the context of marriage and nationality laws. The court clarified that women retain their State Subject status post-marriage to non-State Subjects, but their children do not automatically acquire this status. Furthermore, the ruling highlights that necessary amendments to citizenship laws can be made without adverse effects on the Kashmir issue, reinforcing the autonomy of local legislation in matters of citizenship. This case is significant for understanding the intersection of gender, nationality, and rights within the context of Kashmiri law, especially as it pertains to inheritance and property rights. The decision underscores the delicate balance between local laws and broader national issues, contributing to ongoing discussions about citizenship and rights in conflict-affected regions. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Basharat Ahmad Shaikh,
Muhammad Yunus Surakhvi
|
| Lawyers |
Not available
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
1997 SLD 410,
1997 PLD 1
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974,
Azad Jammu and Kashmir State Subject Act, 1980,
Jammu and Kashmir Alienation of Land Act, 1995 (B.K.)
|
| Sections |
2,
9,
4
|