Pakistani Women With Afghan Husbands Can Hold Dual Nationality: PHC

The Peshawar High Court has ruled that a Pakistani woman married to an Afghan national can hold dual nationality, even if she has an Afghan Citizens Card (ACC) or Proof of Registration (PoR).

It also stated that children under 21 born to a Pakistani parent can retain dual nationality until they turn 21. This landmark decision, by Justices Syed Arshad Ali and Wiqar Ahmad, addressed around 65 petitions from Afghan and Pakistani nationals.

The court declared it illegal for the National Database and Registration Authority (NADRA) to block CNICs of Pakistani women or deny B Forms to those under 21 due to their names appearing in ACC and PoR records.

According to the Citizenship Act, these actions violate sections 14, 14A, and 16. The court ruled that petitioners married to Pakistani citizens are entitled to the Pakistan Origin Card and can apply for citizenship by naturalization.

The bench also stated that Pakistanis with ACC or PoR cards should apply for a clearance certificate under Section 19 of the Citizenship Act. Once cleared, they should be issued CNICs, and their ACC or PoR cards canceled.

The court confirmed that Pakistani women married to foreigners could retain dual citizenship and that their CNICs and passports should not be blocked. It emphasized the need for the federal government to create a mechanism to address these issues swiftly, recognizing that many citizens are suffering and require prompt resolution.