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Monday May 13, 2024

Citizenship for spouses: Larger bench to hear petitions of Pakistani women

By Amjad Safi
November 16, 2023
The Peshawar High Court building in Peshawar, KP. — PHC website
The Peshawar High Court building in Peshawar, KP. — PHC website

PESHAWAR: The Peshawar High Court (PHC) on Wednesday ordered the formation of a larger bench to hear writ petitions filed by Pakistani women seeking the issuance of Pakistan-origin cards and citizenship for their Afghan husbands.

The PHC also ordered the National Database and Registration Authority (Nadra) to submit its reply on the writ petitions.

A two-member bench consisting of Justice Ijaz Anwar and Justice SM Atiq Shah heard the writ petitions filed by two Pakistani women Maimoona Ali and Bibi Shaista.

Nauman Mohib Kakakhel appeared on behalf of the petitioners. Imran Gigyani represented Nadra while Additional Attorney General Sanaullah appeared for the federal government.

According to the writ petitions, Maimoona Ali was married to one Nadir Ali while Bibi Shaista was married to Kiramat Khan, who were Afghan nationals.

Nauman Kakakhel told the court that both the couples had three children each who had been issued Form-B but their spouses had not been issued the Pakistan origin cards so far.

He said that the Federal Shariat Court had also declared that if a Pakistani man married a foreign woman, she got citizenship, but on the other hand, if Pakistani women married foreign nationals they were not given citizenship.

He said that the Federal Shariat Court had declared it discriminatory and un-Islamic and declared stated that according to the rules, husbands of Pakistani women should get citizenship.