It is the function of the Local Government to register births, deaths, marriages, and divorces and issue certificates in respect thereof.

 PLD 2024 Lahore 443

It is the function of the Local Government to register births, deaths, marriages, and divorces and issue certificates in respect thereof.

Under section 51(2)(x) of the Punjab Local Government Act, 2013, the Municipal Committees were charged with this duty. The Punjab Local Government Act, 2019 (read with the Third and Fourth Schedules), the Metropolitan Corporations, Municipal Corporations, Municipal Committees, and the Town Committees performed this function. And now, under section 33(1)(j) of the recently-enacted PLGA 2022, it is the mandate of the Union Council. At this stage, it is pertinent to mention that Section 21 of the National Database and Registration Authority Ordinance, 2000, ordains that the marriage or divorce of a citizen should be reported to NADRA.

Section 202 of PLGA 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.

The Petitioner is not the only person who has complained of non-issuance of a divorce certificate by a Union Council. This is a general issue that the Christian community is facing. This Court considers that rules/bye-laws under sections 202/203 of the PLGA 2022 are necessary to meet the situation. Accordingly, the Government of the Punjab is directed to frame the requisite rules and issue notifications and letters, etc., within 90 days from the date of announcement of this judgment.

During the proceedings, it has been brought to the notice of this Court that NADRA’s Registration Policy dated 06.04.2021 (Version 5.0.2) 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 above, NADRA shall accommodate the Christian community in accordance with the Registration Policy.

WP 66288/22

Mst Shumaila Sharif Vs The Secretary etc