Birth Registration of Child, Laws and Procedure in Pakistan.

Birth Registration is a fundamental right of a child recognized by Convention on the Rights of the Child (CRC), the first legally binding international instrument to incorporate the full range of human rights. A child’s birth has to be legally registered and the parents must acquire the birth certificate of their newly born child.

National Child Policy:

Right to Life and Liberty, Name and Nationality:  Every child has a right to life, liberty, a name and to acquire a nationality

The Birth, Marriage and Death Registration Act 1886, states that Provincial Governments shall establish general registry office for keeping such certified copies of registers of birth and deaths registered under this act.

The Cantonments Act 1924, deals with registration of children in cantonments.

The Local Government Ordinance 2001, holds the Union administration responsible to maintain the registration system and record of births, deaths and marriages and to issues certificates.

National Database Registration Authority Ordinance 2000, stipulates the registration of a citizen under 18 years by his/her guardian/ parent, not later than one month after his/her birth.

The National Registration Act 1973, was promulgated by the government to introduce the concept of issuance of a national identity to every citizen of Pakistan above the age of 18 years. Under the Act, all citizens of Pakistan, regardless of whether they are in Pakistan or abroad, are required to register the births and deaths of their children with the concerned officer.

Charter of Child Rights Act, 2009: Article 5. (1) The Provincial Governments shall ensure that every child is registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his parents.

International Commitments:

Convention on the Rights of the Child

Article 7 (1). The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and as far as possible, the right to know and be cared for by his or her parents.

  1. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular, where the child would otherwise be stateless.

Legal Procedure and Mechanisms:

To make the birth registration procedure efficient parents are directed to get their children registered in respective NADRA office, union council and cantonment board.

Birth Certificates

A birth certificate in Pakistan is a legal proof of a person’s date of birth, parentage and place of birth. A Birth Certificate is actually an evidence that documents the birth of a child. The term “birth certificate” can refer to either the original document or a certified copy of or representation of the original record of birth.

How  to get Birth Certificate Pakistan?

Those who do not have their birth certificate, or they have lost it, or often a birth certificate of a family member is required by authorities. The possible ways of obtaining a birth certificate in Pakistan is either the birth registration authority (mostly local Union Council) at the original place of birth should be approached and requested a certified duplicate copy, or alternatively a birth certificate can be obtained by making an application to the National Database Registration Authority (NADRA) which will issue a computerized copy of birth certificate. Under your legal authorization, we can assist you obtain a birth certificate through any of the above procedures.

A thorough search will be done on the records of the Municipality office based on the Parent’s name and applicant’s date of birth in the related Union Council / Municipal Corporation of the place of birth to find whether the birth is registered at the office or not. If the birth certificate was registered with a name, then the certificate will be issued by as per the details available in the records of the Govt. office. In majority of the cases, where the birth was not registered at the time birth and the name would not have been mentioned at the time of birth. In such cases birth is registered with late registration fee, the name can be included by submitting a name inclusion form along with an affidavit from parents/relative and copies of the school certificates (X or XII), residence proof of parent/applicant and the applicant’s passport. But rules for late registration of Birth may be different in different cities of Pakistan. For example in Karachi birth up to 1975 can be registered with late registration fee/year since the year of birth to obtain NADRA Computerized Birth Certificate.

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Law and Procedure of Second Marriage in Pakistan?

The Muslim Family Laws Ordinance, 1961  prescribed the law about polygamy, permission to second marriage and complaints

POLYGAMY.

(1) No man, during the subsistence of an existing marriage, shall except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered under this Ordinance.

(2) An application for permission under Sub-section (1) shall be submitted to the Chairman in the prescribed manner together with the prescribed fee, and shall state reasons for the proposed marriage, and whether the consent of existing wife or wives has been obtained thereto.

(3) On receipt of the application under Sub-section (3), Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such condition if any, as may be deemed fit, the permission applied for.

(4) In deciding the application the Arbitration Council shall record its reasons for the decision and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision, to the Collector concerned and his decision shall be final and shall not be called in question in any Court.

(5) Any man who contracts another marriage without the permission of the Arbitration Council shall,

(a) pay immediately the entire amount of the dower whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and

(b) on conviction upon complaint be punishable with the simple imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

West Pakistan Rules under Muslim Family Laws Ordinance 1961 prescribed the procedure of second marriage and complaints.

POLYGAMY

14. In considering whether another proposed marriage is just and necessary during the continuance of an existing marriage the Arbitration Council any, without prejudice to its general powers to consider what is just and necessary, have regard to such circumstances, as the following amongst others :

Sterility, physical infirmity, physical unfitness for the conjugal relation, willful avoidance of a decree for restitution of conjugal rights, or insanity on the part of an existing wife.

15. An application under sub-section (1) of section 6 of permission to contract another marriage during the subsistence of an existing marriage shall be in writing, shall state whether the consent of the existing wife or wives has been obtained thereto, shall contain a brief statement of the grounds on which the new marriage is alleged to be just and necessary, shall bear the signature of the applicant, and shall be accompanied by a fee of one hundred rupees.

COMPLAINTS

21. No Court shall take cognizance of any offence under the Ordinance or these rules, save on a complaint in writing by the Union Council, stating the facts constituting the offence.

Legal Amendments

Punjab substitution of rule 21 : (Notification No.S.O. X-1-1975-Vol. ll-Punjab Gazette, Extra, 26th November, 1976).

21. No Court shall take cognizance of any offence, under the Ordinance or these rules save on a complaint in writing by the aggrieved party, stating the facts constituting the offence.’

Child Custody

Child Custody in Pakistan

Legal Query: Mr. Karamat Ali serving in U.A.E, married with Asifa according to Muslim Rights and Sunah and out of this wedlock a child Mohammad Nouman Karamat born who is 5 years old now and presently in the custody of the Mother.The wife dissolved her marriage against the petitioner on the basis of Khula and subsequently entered into second marriage. The father filed a petition under section 25 of the Guardian and Wards Act for the permanent custody of his minor son. He pleaded that he is entitled to the permanent custody of his minor  on the following grounds:

That after taking the custody of the minor son the mother entered into a second marriage and cohabiting with her second husband.

The minor being real son belongs to the sect of his father, but the step father belongs to other sect which fact may cause serious impact on the social teachings of the minor.

That the mother and the step father both are working professionals and don’t have much time for taking the care of the minor.

That after the divorce mother intentionally not allowing the minor to talk with his father through phone or Skype which stifled the father’s rights to supervise the custody of his son.

That the step father has already another wife and children and such family environment is not beneficial for social well being of the minor.

On the other hand the father is working abroad and financially sound person who can provide high quality of life and environment to his minor son.

That the minor is very attached to his father and father financially supporting  to the minor by sending money every month and visited his son frequently to Pakistan.

That the minor is very much familiar and attached with the extended family of his father in UAE and joining of minor with them will cause very good impact on his social brought up.

That the father has lot of financial resources to provide high quality education to his son in the best schools of foreign country.

The father prayed that by keeping in view the welfare of the minor the mother may be directed to produce the minor in court and the permanent custody of the minor may kindly be handed over to the father. The Guardian Court has issued the notice to wife for production of the minor in court.

legal Advice: According to me the father has very good case for taking the custody of the minor, he should continue to visit and maintain his minor son during the custody litigation.

Child Custody Litigation in Pakistan

Legal Query: After some matrimonial dispute  Mst. Nazia deserted her children at the home of her husband and gone to her parents’ home. From there she filed a petition of Habeas Corpus under section 491 Criminal Procedure in the court of district and Sessions Judge Lahore, against the father for the recovery of her two minor sons aged 8 and 9 years.

Mr. Imtiaz Aziz contacted and engaged our law firm to defend the petition. The father took the plea that the minors has crossed the age 7 years and attained the age discretion now they need the direction supervision of the father. So the permanent custody of the minors should be handed over to the father.

The learned judge handed over the custody of one younger son to the mother and of the elder son to the father and directed the spouses to approach the guardian court for the permanent custody of the minors.

The father moved a petition under section 25 of the Guardian and Wards Act in the court Guardian Judge Lahore for the permanent custody of the minors on the ground that now the minors needs direct supervision of the father. The father is man of means and providing maintenance his minors since their birth and who can provide good accommodation, tuition, couching and security to their minors. The father is in better position to up-bring their minor sons and the welfare of the minors requires that their permanent custody should be handed over to the father.

Legal Position of the Case: According to me the minors have crossed the age of 7 years and attaining their age of puberty now they need the direct supervision of the father for their education and teaching. The father is man of means and also maintaining his minor sons since their birth. On the other hand the mother has no independent financial resources to maintain her sons. She is totally depending on the maintenance allowance of the father. The mother is residing in her parents’ home and there is no sufficient accommodation to easily keep the minors. Keeing in view the welfare of the minors the Guardian Court will hand over the custody of the minor sons to the father.

..::Marriages of Overseas Pakistanis

An overseas Pakistani lady Sonia Khan living in Dubai UAE married with an overseas Pakistani man Shahid living in Qatar UAE. Both are permanent residents of Khyber Pakhtunkhwa Pakistan. Both of them visited Lahore Pakistan for entering into marriage. Our law-firm provided legal services for their marriage in Lahore Pakistan. Their marriage documents were registered in Union Council and attested from the Foreign Office of Pakistan.