Pakistani Woman Files Petition for Afghan Husband’s Citizenship After Marriage

Lahore – A Pakistani woman has filed a petition in the Lahore High Court seeking Pakistani citizenship for her Afghan husband following their marriage. The petition challenges the Citizenship Act of 1951, highlighting the disparity in the treatment of Pakistani nationals who marry foreigners.

According to Express News, the petition was heard by Justice Farooq Haider, who listened to the case presented by Musarrat Jabeen, the petitioner. During the proceedings, the court recommended forming a larger bench to examine the case further.

The petitioner’s lawyer argued that under Pakistan’s Citizenship Act, when a Pakistani man marries a foreign woman, she is granted Pakistani citizenship. However, when a Pakistani woman marries a foreign man, particularly an Afghan national, citizenship is not granted. The petition claimed that this provision of the Citizenship Act of 1951 violates both the Constitution and the fundamental rights of Pakistani women, particularly under Article 25, which guarantees equality before the law.

In her plea, Musarrat Jabeen stated that she married an Afghan man, Naseem, in 2012. However, due to the current government’s policy of sending Afghan nationals back to Afghanistan, her husband is facing issues regarding his residency status. The petition calls for the Afghan husband to be granted Pakistani citizenship and for the Citizenship Act of 1951 to be declared unconstitutional.

The lawyer representing the petitioner, Advocate Toqseer Ahmad Bajwa, argued that the current law unjustly discriminates against Pakistani women by denying their foreign spouses citizenship. The court has adjourned the case and will hear it again after the formation of a larger bench to review the legal implications of the Citizenship Act.

The outcome of this case could potentially impact the future of citizenship laws in Pakistan, especially concerning the rights of Pakistani women who marry foreign nationals.