| Case ID |
2c4d0007-ecf0-496f-8ed6-3d7cc5cac371 |
| Body |
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| Case Number |
W.P. No. 66288 of 2022 |
| Decision Date |
Dec 16, 2022 |
| Hearing Date |
Dec 16, 2022 |
| Decision |
The Lahore High Court ruled in favor of the Petitioner, SHUMAILA SHARIF, directing NADRA to process her application for the issuance of a new Computerized National Identity Card (CNIC) after considering her affidavit and the certified copy of the Civil Court’s judgment regarding the dissolution of her marriage. The Court emphasized that the refusal by NADRA to accept the court's decree and the pastor's certificate as proof of divorce was unlawful. The Government of Punjab was instructed to create necessary rules for issuing divorce certificates to the Christian community within 90 days. The judgment reinforced the rights of minorities under the Constitution of Pakistan, ensuring that all communities, including Christians, receive equal treatment in legal matters concerning marriage and divorce. |
| Summary |
In the landmark case W.P. No. 66288 of 2022 at the Lahore High Court, the Petitioner, SHUMAILA SHARIF, challenged the refusal of the National Database and Registration Authority (NADRA) to issue a new CNIC after her divorce. This case highlights the intersection of family law and minority rights, particularly under the Punjab Local Government Act, 2022, and the Divorce Act, 1869. The legal implications of this case underscore the importance of ensuring that all citizens, regardless of their religious affiliation, have access to essential legal documentation. The Court's directive for NADRA to consider the court's decree as valid proof of divorce is a significant step towards protecting the rights of minorities in Pakistan. The judgment also calls upon the Punjab government to establish guidelines for the issuance of divorce certificates to ensure compliance with the law and equal treatment for all communities. This case sets a precedent for future legal proceedings involving similar issues, reinforcing the need for legal reforms to protect minority rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Tariq Saleem Sheikh, J.
|
| Lawyers |
Mr. Umar Saeed,
Mr. Imran Muhammad Naeem,
Mr. Hamid Rafiq,
Mr. Mukhtar Ahmad Ranjha,
Mian Muhammad Iqbal,
Mr. Hashim Ali Gill,
Ms. Rizwana Naveed,
M/s. Naveed Ahmad Goraya,
Faisal Mukhtar,
Mr. Kashif Alexander
|
| Petitioners |
SHUMAILA SHARIF
|
| Respondents |
SECRETARY UNION COUNCIL etc.
|
| Citations |
2023 SLD 6978,
2023 PLJ 479
|
| Other Citations |
PLD 2022 Lahore 756,
PLD 2017 Lahore 610,
PLD 2014 SC 699
|
| Laws Involved |
Punjab Local Government Act, 2022,
Divorce Act, 1869
|
| Sections |
33,
10
|