๐๐๐ค๐ข๐ฌ๐ญ๐๐ง๐ข ๐๐จ๐ฆ๐๐ง ๐ก๐๐ฏ๐ ๐๐ช๐ฎ๐๐ฅ ๐๐ง๐ญ๐ข๐ญ๐ฅ๐๐ฆ๐๐ง๐ญ ๐๐ฌ ๐๐๐ค๐ข๐ฌ๐ญ๐๐ง๐ข ๐๐๐ง ๐ญ๐จ ๐๐ฅ๐๐ข๐ฆ ๐๐ข๐ญ๐ข๐ณ๐๐ง๐ฌ๐ก๐ข๐ฉ ๐๐ข๐ ๐ก๐ญ ๐๐จ๐ซ ๐ญ๐ก๐๐ข๐ซ ๐ ๐จ๐ซ๐๐ข๐ ๐ง Spouses: ๐๐๐
The High Court of Sindh has also declared that section 10 (2) of the Citizenship Act, 1951, is discriminatory in nature to Pakistani women. This section grants to Pakistani man, not woman, to transmit citizenship right to his foreign spouse.
There were multiple petitions before the Court filed by Pakistani women claiming citizenship for their Indianย husbands. The Court allowed all the petitions holding that the said section is read in and Pakistani women marrying to a foreign husband shall be treated equal to a Pakistani man marring a foreign woman vis-a-vis citizenship rights under the Citizenship Act, 1951.
Earlier, the Peshawar High Court, the Lahore High Court and the Federal Shariat Court have already have already passed similar judgements. The F.S.T has declared it repugnant to Islamic Injunctions which provide women equal rights in this regard. This section treats Pakistani husband married to a foreign woman different vis-a-vis Pakistani woman married or marrying a foreign man.
To resolve this issue, the Court has read into section 10 of the act and has expanded the scope of the right granted therein to Pakistani women.
Mr. Umar Ijaz Gilani, Advocate Supreme Court of Pakistan, who is an eminent expert in Pakistani citizenship laws, and who has argued numerous citizenship cases, said that the S.H.C decision regarding section 10 (2) of the Citizenship Act is a welcome step in the right direction. It represents the continuation of the jurisprudence first laid down by the F.S.T.ย and then by the other High Courts. We hope to take this matter to the SC now so that the law on this point may be conclusively settled.
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