1989 PLP 4719 (MLD)

Date of hearing: 21st March, 1989. The petitioner, Mrs. Javed Butt, a female citizen of Pakistan after marrying respondent Ahmed Suleman Kutbi, a Saudi Arabian national obtained nationality of Saudi Arabia. Subsequently she returned to Pakistan and Filed a suit for dissolution of her marriage in the Court of VIIIth Civil Judge/Family Judge, Karachi (East). She also tiled her documents surrendering her Saudi Arabian nationality before the Consulate General of Saudi Arabia which is still receiving attention by them. Ahmad Suleman Kutbi the husband of the petitioner moved the trial Court for the rejection of the plaint mainly on the ground that her suit was not competent as at the time of institution of the suit she was not citizen of Pakistan and laws in Pakistan were not attracted in her case. The trial Judge rejected the application as according to him such point could only be decided after written statement was filed, issues framed and evidence of the parties recorded. The husband of the petitioner tiled an appeal, before the District Judge, Karachi which came to be heard by the IIIrd Additional District Judge Karachi (East). This appeal was allowed by the appellate Judge by his order dated 13th September, 1988 passed in Ist Appeal No. 29/1988. It is against this judgment that the present petition has been filed. Mr. Raja Qureshi, Advocate appearing for the petitioner has contended that the appellate Judge failed to take note of the provisions of subsections (1) and (4) of Section 14 of the Pakistan Citizenship Act, 1951, passed the impugned judgment and thereby committed an error of his jurisdiction. The said provision of law is reproduced as under:- "14.Dual citizenship or nationality not permitted:-- (1) Subject to the provisions of this section if any person is a citizen of Pakistan under the provisions of this Act, and is at the same time citizen or national of any other country he shall, unless he makes a declaration according to the laws of that other country renouncing his status as citizen or national thereof, cease to be citizen of Pakistan

(4) Nothing in subsection (1) shall apply to a female citizen of Pakistan who is married to a person who is not a citizen of Pakistan." It will be noticed that special provision of law has been made in subsection (4) of Section 1-1 of the Pakistan Citizenship Act, 7951 in respect of female citizens of Pakistan married to foreigners whereby such female citizens can continue to retain dual citizenship of Pakistan and any other country of the world. Mr. Muhammad Rafiq Khanzada, Advocate appearing for respondent No. 2 pointed out that this provision was not referred to before the lower Courts and on that account this petition merits dismissal. Normally a point not raised before the lower forums cannot be permitted to be agitated for the first time under the constitutional jurisdiction. The main point urged before this Court in this case is purely a point of law and there can be no I estopped against the statute. In spite of the marriage of the petitioner to al foreigner and having acquired the other nationality she continues to possess a vested right of being a citizen of Pakistan by operation of law. She will therefore always be entitled to possess such valuable and beneficial rights conferred upon her by law. The appellate Judge by rejecting the plaint has indeed committed an eror of his judgment as the petitioner has been deprived of right to pursue her cause as a citizen of Pakistan. In view of above the impugned judgment is declared to have been passed without any lawful authority, to be of no legal effect and is quashed. The petition is therefore accepted with no order as to the costs with a direction that the trial Judge shall ensure disposal of the suit within six months. H.B.T./M-947/K Petition accepted.