IN THE SUPREME COURT OF PAKISTAN 
(ORIGINAL JURISDICTION) 
 
 
PRESENT: MR. JUSTICE MIAN SAQIB NISAR, HCJ 
 
 
MR. JUSTICE UMAR ATA BANDIAL 
 
 
MR. JUSTICE IJAZ UL AHSAN 
 
 
HUMAN RIGHTS CASE NO.32642-P OF 2018 
(In the matter regarding non-registration of 
 Christian Marriages) 
 
In attendance: 
Syed Nayyar Abbas Rizvi, Addl. Attorney General 
Mr. Razzaq A. Mirza, Addl. A.G. Punjab 
Mr. Usman Yousaf Mubeen, Chairman, NADRA 
Brig. (R) Nasar Mir, D.G. Operation, NADRA 
Mr. Saqib Jamal, Director Law, NADRA 
Mr. Umer Ali, A.D. Legal, NADRA 
Mr. Naveed Ahmed Goraya, Sr. Law Officer, HR, 
Punjab 
M. Naeem, A.D. Legal, Local Govt. Dept. Punjab 
His Excellency, Dr. Alexander Jan Malik, Bishop of 
Lahore 
Very Reverend Shahid P. Meraj, Dean of Cathedral 
Lahore 
 
 
Date of hearing: 
10.9.2018 
 
JUDGMENT 
 
 
MIAN SAQIB NISAR, CJ.- The instant issue has come before 
this Court pursuant to an application submitted by the Very Reverend 
Shahid P. Meraj, Dean of the Cathedral Church of the Resurrection, Lahore. 
The grievance propounded in the application is that of non-registration of 
Christian marriages with the Union Councils of the Province of Punjab and 
the National Database and Registration Authority (NADRA). Clarification and 
resolution of the matter was sought from the relevant authorities numerous 
times and a list of Clergy authorised to solemnise marriages was submitted 
to the Director General of the Local Government Punjab who, despite 
assuring the applicant that the matter would be resolved, has not taken any 
practical steps to redress the stated grievance. We find it pertinent to 
mention at this stage that in the judgment rendered in S.M.C. NO.1 OF 
2014 etc. (PLD 2014 SC 699) pursuant to suo motu action taken by the 
H.R.C. No.32642-P/2018 
 
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Supreme Court regarding the suicide bomb attack of 22.09.2013 on the 
Church in Peshawar and regarding the threat being given to the Kalash tribe 
and Ismailis in Chitral, the issue of non-registration of Christian marriages 
was brought before the Court.1 It was noted therein that “[t]he learned Acting 
Advocate General, Punjab, submitted that in terms of the Christian Marriage Act, 1872, 150 
Pastors and Bishops already stand registered in 20 Districts and any Christian marriage 
solemnized by a license holder under the afore-mentioned Act from the concerned Church / 
denomination is duly registered under the Punjab Local Government Act and the Rules 
framed thereunder.”2 However unfortunately, this perhaps is not the ground 
reality and the matter remains unresolved till date.  
2. 
 
His Excellency Bishop of Lahore submitted that as per Sections 
28, 29, 30 and 37 of the Christian Marriages Act, 1872 (Act) various persons 
are authorised to register marriages in the registers maintained by them; 
once each marriage register is complete, the said individuals send copies of 
the details of the marriages so registered to the Registrar General of Births, 
Deaths, and Marriages from time to time, according to Section 34 of the Act. 
He stated that this process continued for many years without any problems, 
however, once Union Councils were established under the respective local 
government laws of the Provinces, the registrations of births, deaths and 
marriages was now to be done by Union Councils. According to him, in 
practice, Union Councils register Christian births and deaths, but not 
Christian marriages. When questioned, the representative of the Union 
Councils stated that such lapse was due to the fact that they (Union Councils) 
have not received any direction or authorisation from the local government to 
do so. Be that as it may, it is the applicant’s case that individuals authorised 
by the Church should not need to apply and get licenses for solemnisation of 
marriages as their ordination itself authorises them to solemnise marriages 
according to the laws of their individual churches. Furthermore, it was 
                                                             
1 Paragraph No.2(ix) of S.M.C. NO.1 OF 2014 etc. (supra). 
2 Paragraph No.4 of S.M.C. NO.1 OF 2014 etc. (supra). 
H.R.C. No.32642-P/2018 
 
-: 3 :-
pointed out by the Chairman, National Database and Registration Authority 
(NADRA) that according to Section 5 of the Act, five types of individuals are 
authorised to solemnise Christian marriages, whereas the Union Councils of 
Punjab only recognise three such categories for the purpose of registration of 
marriages. 
3. 
 
Before proceeding further, it is important to note the difference 
between solemnisation and registration of marriages. Solemnisation of a 
marriage entails the performance of the ceremonial aspects of the marriage 
whereas registration is the completion of a marriage certificate and lodging 
or filing of it with the appropriate institution or authority. However, as we 
shall see below, both processes are closely intertwined in the Act, as in some 
instances the individual who solemnises the marriage is then responsible for 
registering it according to the corresponding provisions of the Act. The 
addition of the Union Councils and NADRA to the bodies concerned with 
registration of marriages contributes to the already rather unclear and 
complex method of registration of marriages. Hence, it appears that the non-
registration of marriages by Union Councils and NADRA is due to 
uncertainty regarding the applicable law, therefore examination and 
clarification of the same is necessary. The primary statute on the subject is 
the Act which governs solemnisation and registration of marriages between 
citizens of Pakistan who belong to the Christian faith, the provisions whereof 
are to be followed to ensure that the marriage is legally valid. In this regard, 
Section 4 of the Act is relevant which reads as under:- 
 
4. Marriages to be solemnised according to Act. Every 
marriage between persons, one or both of whom is or are a 
Christian or Christians, shall be solemnized in accordance with 
the provisions of next following section; and any such marriage 
solemnized otherwise than in accordance with such provisions 
shall be void. 
 
H.R.C. No.32642-P/2018 
 
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The Act provides for the persons who can solemnise marriages (Section 5 of the 
Act), whether such persons require any license or authorisation etc. in order 
to solemnise marriages under the Act (Section 6 to 9 of the Act), the solemnisation 
procedure (Section 5, and the relevant provisions contained in Parts III, V and VI of the Act), and 
the registration procedure (the relevant provisions of Parts IV, V and VI of the Act). The 
following table is an overview of the general scheme of the Act produced for 
ease of reference3:- 
 
Who can 
solemnize 
marriages 
in Pakistan 
 
Whether license, etc. 
required for 
solemnization of 
marriage  
Solemnization 
procedure 
Registration procedure under the Act 
Section 5(1). By any person who has received episcopal 
ordination, provided that the marriage be solemnized 
according to the rules, rites, ceremonies and customs of 
the Church of which he is a minister. 
 
Part IV 
27. Marriages when to be registered.– All 
marriages hereafter solemnized in Pakistan 
between persons one or both of whom 
professes or profess the Christian religion, 
except marriages solemnized under Part V or 
Part VI of this Act, be registered in the 
manner hereinafter prescribed.  
 
28. Registration of marriages solemnized 
by Clergymen of Church of England.– 
Every Clergymen of the Church of England 
shall keep a register of marriages and shall 
register therein, according to the tabular form 
set forth in the Third Schedule hereto, 
annexed, every marriage which he 
solemnizes under this Act.  
 
29. Quarterly returns to Archdeaconry.– 
Every Clergyman of the Church of England 
shall send four times in every year return in 
duplicate, authenticated by his signature, of 
the entries in the register of marriages 
solemnized any place where he has any 
spiritual charge, to the Registrar of the 
Archdeaconry to which he is subject, or 
tithing the limits of which such place is 
situate. 
… 
The said Registrar upon receiving the said 
returns shall send one copy thereof to the 
Registrar General of Births, Deaths and 
Marriages.  
 
30. Registration and returns of marriages 
solemnized by clergymen of Church of 
Rome.– Every marriage solemnized by a 
Clergyman of the Church of Rome shall be 
Section 5(2). By any Clergyman of the Church of 
Scotland, provided that such marriage be solemnized 
according to the rules, rites, ceremonies and customs of 
the Church of Scotland. 
 
Section 
5(3). By any 
Minister of 
Religion 
licensed 
under this 
Act to 
solemnize 
marriage. 
Section 6. Grant and 
revocation of licenses 
to solemnize 
marriage.– The 
Provincial 
Government so far as 
regards the territories 
under its 
administration, and the 
Central Government so 
far as regards any 
Acceding State may, 
by notification in the 
official Gazette, grant 
licenses to Ministers of 
Religion to solemnize 
marriages within such 
territories and State, 
respectively, and may 
by a like notification, 
revoke such licenses. 
Part III 
17. Issue of 
certificate of 
notice given and 
declaration 
made.– Any 
Minister of 
Religion 
consenting or 
intending to 
solemnize any 
such marriage as 
aforesaid, shall 
on being required 
so to do by or on 
behalf of the 
person by whom 
the notice was 
given, and upon 
one of the 
persons intending 
marriage making 
the declaration 
hereinafter 
required issue 
under his hand a 
certificate of such 
notice having 
                                                             
3 This table contains only the provisions of the Act relevant for the purposes of this opinion and should not be 
construed to be exhaustive. The other provisions of the Act not mentioned in the table would nonetheless be 
applicable. 
H.R.C. No.32642-P/2018 
 
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been given and of 
declaration 
having been 
made.  
… 
 
25. 
Solemnization of 
marriage.– After 
the issue of the 
certificate by 
Minister, 
marriage may be 
solemnized 
between the 
persons therein 
described 
according to such 
form or 
ceremony as the 
Minister thinks 
fit to adopt:  
Provided that the 
marriage be 
solemnized in the 
presence of at 
least two 
witnesses besides 
the Minister.  
 
26. Certificates 
void if marriage 
not solemnized 
within two 
months. 
registered by the person and according to the 
form directed in that behalf by the Roman 
Catholic Bishop of the Diocese or Vicariate, 
in which such marriage is solemnized, and 
such person shall forward quarterly to the 
Register General of Births, Deaths and 
Marriages returns of the entries of all 
marriages registered by him during the three 
months next preceding.  
 
31. Registration and returns of marriages 
solemnized by Clergymen of Church of 
Scotland.– Every Clergymen of the Church 
of Scotland shall keep a register of 
marriages, and shall register therein, 
according to the tabular form set forth in the 
Third Schedule hereto annexed, every 
marriage which he solemnizes under this 
Act, and shall forward quarterly to the 
Registrar General of Births, Death and 
Marriages, through the Senior Chaplain of 
the Church of Scotland, returns, similar to 
those prescribed in section 29, of all such 
marriages.  
 
32. Certain marriages to be registered in 
duplicate.– Every marriage solemnized by 
any person who has received episcopal 
ordination, but who is not a Clergyman of 
the Church of England, or of the Church of 
Rome, or by any Minister of Religion 
licensed under this Act to solemnize 
marriages, shall, immediately after the 
solemnization thereof be registered in 
duplicated by the same; (that is to say) in a 
marriage register-book to be kept by him for 
that purpose, according to the form contained 
in the Fourth Schedule hereto annexed and 
also in a certificate attached to be marriage-
register-book as a counterfoil.  
 
33. Entries of such marriages to be signed 
and attested.– The entry of such marriage in 
both the certificate and marriage-register-
book shall be signed by the person 
solemnizing the marriage, and also by the 
persons married and shall be attested by two 
credible witnesses, other than the person 
solemnizing the marriage, present at its 
solemnization.  
…  
 
34. Certificate to be forwarded to 
Marriage Registrar, copied and sent to 
Registrar General.– The person 
solemnizing the marriage shall forthwith 
separate the certificate from the marriage-
register-book and send it, within one month 
from the time of the solemnization, to the 
Marriage Registrar of the district in which 
the marriage was solemnized, or, if there be 
more Marriage Registrars than one, to the 
Senior Marriage Registrar, who shall cause 
such certificate to be copied into a book to be 
kept by him for that purpose.  
H.R.C. No.32642-P/2018 
 
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And shall send all the certificates which he 
has received during the month, with such 
number and signature or initials added 
thereto as are hereinafter required, to the 
Registrar General of Births, Deaths and 
Marriages.  
 
35. Copies of certificates to be entered and 
numbered.– Such copies shall be entered in 
order from the beginning to the end of the 
said book and shall bear both the number of 
the certificate as copied and also a number to 
be entered by the Marriage Registrar 
indicating the number of the entry of the said 
copy in the said book, according to the order 
in which he receives each certificate.  
 
36. Registrar to add number of entry to 
certificate and send to Registrar General.– 
The Marriage Registrar shall also add such 
last mentioned number of the entry of the in 
the book to the certificate, with his signature 
or initials, and shall, at the end of every 
month send the same to the Registrar 
General of Births, Deaths and Marriages.  
 
37. Registration of marriages between 
Native Christians by persons referred to 
clauses (1), (2) and (3) of section 5.– When 
any marriage between Native Christians is 
solemnized by any such person, Clergyman 
or Minister of Religion as is referred to in 
clause (1) clause (2) or clause (3) of section 
5, the person solemnizing the same shall, 
instead of proceeding in the manner provided 
by sections 28 to 36, both inclusive, register 
the marriage in a separate register-book, and 
shall keep it safely until it is filled, or, if he 
leaves the district in which he solemnized the 
marriage before the said book is filled, shall 
make over the same to the person succeeding 
to his duties in the said district.  
 
Custody and disposal of register-book. 
Whoever has the control of the book at the 
time when it is filled, shall send it to the 
Marriage Registrar of the district, or, if there 
be more Marriage Registrars than one, to 
Senior Marriage Registrar, who shall send it 
to Registrar General of Births, Deaths and 
Marriages, to be kept by kept by him with 
the records of his office.   
 
Section 
5(4). By, or 
in the 
presence of 
a Marriage 
Registrar 
appointed 
under this 
Act. 
7. Marriage 
Registrars.– The 
Provincial 
Government may 
appoint one or more 
Christians, either by 
name or as holding any 
office for any district 
subject to its 
administration.  
Senior marriage 
Part V 
41. Certificate of 
notice given and 
oath made.– If 
the party by 
whom the notice 
was given 
requests the 
Marriage 
Registrar to issue 
the certificate 
Part V 
54. Registration of marriage solemnized 
under Part V.– After the solemnization of 
any marriage under this Part, the Marriage 
Registrar present at such solemnization shall 
forthwith register the marriage in duplicate 
that is to say, in a marriage-register-book, 
according to the form of the Schedule hereto 
annexed, and also in a certificate attached to 
the marriage-book as a counterfoil.  
 
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-: 7 :-
Registrars. Where 
there are more 
marriage Registrars 
than one in any 
district, the Provincial 
Government shall 
appoint one of them to 
be the Senior Marriage 
Registrar.  
Magistrate when to be 
Marriage Registrar. 
When there is only one 
Marriage Registrar in a 
district, and such 
Registrar is absent 
from such district, or, 
ill, or when his office 
is temporarily vacant, 
the Magistrate of the 
district shall act, as, 
and be, Marriage 
Registrar thereof 
during such absence, 
illness or temporary 
vacancy.  
 
8. Marriage 
Registrars in 
Acceding States.– The 
Central Government 
may, by notification in 
the official Gazette 
appoint any Christian, 
either by name or as 
holding any office for 
the time being, to be a 
Marriage Registrar in 
respect of any district 
or place within any 
Acceding State. 
 
next hereinafter 
mentioned, and if 
one of the parties 
intending 
marriage has 
made oath as 
hereinafter 
required, the 
Marriage 
Register shall 
issue under his 
hand a certificate 
of such notice  
having been 
given and of such 
oath having been 
made:  
… 
 
52. When 
Marriage not 
had within two 
months after 
notice, new 
notice 
required.– 
Whenever a 
marriage is not 
solemnize the 
marriage nor 
shall any 
Marriage 
Registrar enter 
the same, until, 
new notice has 
been given, and 
entry made, and 
certificate thereof 
given, at the time 
and the manner 
aforesaid.  
 
The entry of such marriage in both the 
certificate and the marriage-register- book 
shall be signed by the person by or before 
whom the marriage has been solemnized, if 
there be any such person, and by the 
Marriage Registrar present at such marriage, 
whether or not it is solemnized by him, and 
also by the parties married, and attested by 
two credible witness other than the Marriage 
Registrar and person solemnizing the 
marriage.  
 
Every such entry shall be made in order from 
the beginning to the end of the book, and the 
number of the certificate shall correspond 
with that of the entry in the marriage-
register-book.  
 
55. Certificates to be sent monthly to 
Registrar General.– The marriage shall 
forthwith separate the certificate from the 
marriage-register-book and send it, at the end 
of every month, to the Registrar General of 
Births, Deaths and Marriages.  
 
Custody of register-book. The Marriage 
Registrar shall keep safely the said register-
book until it is filled, and shall then send it to 
the Registrar General of Births, Deaths and 
Marriages, to be kept by him with the records 
of his office.  
 
56. Officers to whom Registrars in 
Acceding States shall send certificate.–  
The Marriage Registrar in Acceding States 
shall send the certificates mentioned in 
section 54 to such officers as the Central 
Government from time to time by 
notification in the official Gazette appoints in 
this behalf. 
Section 
5(5). By any 
person 
licensed 
under this 
Act to grant 
certificates 
of marriage 
between 
Native 
Christians. 
9. Licensing of 
persons to grant 
certificates of 
marriage between 
Native Christians.– 
The Provincial 
Government or (so far 
as regards and 
Acceding State) the 
Central Government 
may grant a license to 
any Christian, either 
by name or as holding 
any office for the time 
being, authorizing him 
to grant certificate of 
marriage between 
Native Christians.  
Any such license may 
be revoked by the 
authority by which it 
was granted, and every 
such grant or 
Part VI 
60. On what 
conditions 
marriages of 
Native Christian 
may be 
certificated. 
  
61. Grant of 
certificate.– 
When, in respect 
to any marriage 
solemnized under 
this Part, the 
conditions, 
prescribed in 
section 60 have 
been fulfilled, the 
person licensed 
as aforesaid, in 
whose presence 
the said 
declaration has 
Part VI 
62. Keeping of register-book and deposit 
of extract therefrom with Registrar.– (1) 
Every person licensed under section 9 shall 
keep in English, or in the vernacular 
language in ordinary use in the district or 
State in which the marriage was solemnized, 
and in such form as the Provincial 
Government by which he was licensed may 
from time to time prescribe, a register-book 
of all Marriage solemnized under this Part in 
his presence, and shall deposit in the 
territories under the administration of the 
said Provincial Government in such form and 
at such intervals as the Government may 
prescribe, true and duly authenticated 
extracts from his register-book of all entries 
made therein since the last of those intervals.  
 
(2) Where the person keeping the register-
book was licensed as regards an acceding 
State by the Central Government, references 
in sub-section (1) to the Provincial 
H.R.C. No.32642-P/2018 
 
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revocation shall be 
notified in the official 
Gazette. 
been made, shall, 
on the application 
of either of the 
parties to such 
marriage, and on 
the payment of a 
fee of four annas, 
grant a certificate 
of the marriage.  
 
The certificate 
shall be signed by 
such licensed 
person, and shall 
be received in 
any suit touching 
the validity of 
such marriage as 
conclusive proof 
of its having been 
performed.  
 
Government therein mentioned shall be read 
as references to the Provincial Government 
to whose Registrar General of Births, 
Deaths and Marriages certified copies of 
entries in registers of births and deaths are 
for the time being required to be sent under 
section 24, sub-section (2) of the Births, 
Deaths and Marriages Registration Act, 
1886.  
 
 
4. 
 
According to the Act, individuals falling under Section 5(1) and 
(2) supra do not require a license from the Local Government to solemnise 
marriage, rather they must follow the rules, rites, ceremonies and customs of 
their respective churches. Section 5(2) supra refers to any Clergymen of the 
Church of Scotland in particular, and the term “Church of Scotland” has 
been defined in Section 3 to mean “the Church of Scotland as by law established”, 
however Section 5(1) supra refers generally to any person who has received 
Episcopal ordination, who is to solemnise the marriage in accordance with 
the rules, rites, ceremonies and customs of the Church of which he is a 
minister, and “Church” has been defined in Section 3 supra as including 
“any chapel or other building generally used for public Christian worship”. However, 
those individuals who fall in the categories defined in Section 5(3), (4) and (5) 
are to be licensed according to the provisions of the Act itself, i.e. Sections 6, 
7, 8 and 9 supra, in order to solemnise marriages. To elaborate, Ministers of 
Religion can solemnise marriages according to the procedure provided in Part 
III of the Act (see Sections 17, 25 and 26 of the Act as reproduced in the table) once granted a 
license by the Provincial Government under Section 6 of the Act; Marriage 
Registrars can solemnise marriages in accordance with the procedure 
H.R.C. No.32642-P/2018 
 
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provided in Part V of the Act (see Sections 41 and 52 of the Act as reproduced in the table) 
once duly appointed by the Provincial and Central Governments under 
Sections 7 and 8 of the Act respectively; while any Christian, either by name 
or as holding any office for the time being, granted a license by the Provincial 
Government (by the Central Government with respect to an Acceding State) under Section 9 
of the Act can grant certificates of marriage between Native Christians (defined 
in Section 3 of the Act) as per the procedure provided in Part VI of the Act (see 
Sections 60 and 61 of the Act as reproduced in the table). In other words, the individual 
mentioned in Section 5(3), (4) and (5) of the Act derive their power to 
solemnise marriages not from ordination, but from the Act itself. 
5. 
 
With respect to registration of marriages, those solemnised by 
persons under Section 5(1), (2) and (3) supra are to be registered as per the 
procedure provided in Part IV of the Act which begins with Section 27 which 
states that “[a]ll marriages hereafter solemnized in Pakistan between persons one or both 
of whom professes or profess the Christian religion, except marriages solemnized under Part 
V or Part VI of this Act, be registered in the manner hereinafter prescribed.” The 
particular provisions which are relevant are provided in the fourth column of 
the table above. Those marriages solemnised by or in the presence of a 
Marriage Registrar [Section 5(4) supra] are to be registered in accordance with 
the provisions contained in Part V of the Act, particularly Sections 54 and 55 
thereof. While those marriages solemnised by persons licensed under Section 
9 of the Act [Section 5(5) supra] are to be registered according to the provisions 
in Part VI of the Act, particularly Section 62 thereof. Without going into the 
minute details of registration which are contained in the various provisions 
of the Act as highlighted above, according to all the relevant provisions for 
registration, the information of all the marriages solemnised under the Act 
(save for those by Clergymen of the Church of England) are to be transmitted, either 
directly or through the Clergyman or Marriage Registrar, etc. by the persons 
authorised under Section 5 supra to solemnise marriages under the Act, to 
H.R.C. No.32642-P/2018 
 
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the Registrar General of Births, Deaths and Marriages (see the provisions in column 
No.4 of the table), who according to Section 3 supra is a Registrar General of 
Births, Deaths and Marriages appointed under the Births, Deaths and 
Marriages Registration Act, 1886 (Act of 1886).  
6. 
 
Be that as it may, it would be appropriate to understand the 
historical context of the Act and the Act of 1886. The Act was promulgated 
on 18.07.1872 in the Indian Subcontinent to consolidate and amend the law 
relating to the solemnisation of the marriage of persons professing the 
Christian religion (Preamble to the Act). Subsequently the Act of 1886 was 
promulgated in order to provide for, inter alia, more effectual registration of 
marriages under various statutes including those under the Act, and for the 
establishment of general registry offices for keeping registers of those 
marriages. Such Registrar Generals of Births, Deaths and Marriages were to 
be appointed by the Government. But the Act of 1886 did not provide for the 
registration of Muslim marriages. After partition, Pakistan retained the Act 
and the Act of 1886, therefore, Christian marriages continued to be 
solemnised and registered under the respective frameworks provided by the 
said Acts. However thereafter, for the Muslim community, the Muslim Family 
Laws Ordinance, 1961 (Act of 1961) was promulgated which provided for the 
registration of Muslim marriages in Section 5 thereof which read (as originally 
promulgated) as under:-  
  
“5. Registration of marriages.- (1) Every 
marriage 
solemnized under Muslim Law shall be registered in 
accordance with the provisions of this Ordinance. 
 
(2) 
For the purpose of registration of marriages under this 
Ordinance, the Union Council shall grant licenses to one or 
more persons, to be called Nikah Registrars, but in no case 
H.R.C. No.32642-P/2018 
 
-: 11 :-
shall more than one Nikah Registrar be licensed for any one 
Ward.4 
 
⋮ 
 
(5) 
The form of nikah nama, the registers to be maintained 
by Nikah Registrars, the records to be preserved by Union 
Councils, the manner in which marriages shall be registered 
and copies of nikah nama shall be supplied to the parties, and 
the fees to be charged therefor (sic), shall be such as may be 
prescribed.  
 
(6) 
Any person may, on payment of the prescribed fee, if 
any, inspect at the office of the Union Council the record 
preserved under sub-section (5), or obtain a copy of any entry 
therein.” 
 
It is clear from the above provisions that, from the very beginning, the Nikah 
Registrars so appointed by Union Councils were to register Muslim marriages 
and that the records were to be preserved by the Union Councils. This is in 
contradistinction to the position vis-à-vis registration of Christian marriages 
which, as highlighted above, fell within the domain of Registrar Generals 
appointed under the Act of 1886. 
7. 
 
However, the legal position changed after the introduction of local 
governments in the Provinces and the creation of NADRA. Firstly, all the 
matters pertaining to the Act have been allocated to the Human Rights & 
Minorities Affairs Department (HR&MA Department) as per Rule 3 of the Punjab 
Rules of Business, 2011 (Punjab Rules of Business) read with Entries No.4, 11 and 
12 of the Second Schedule which are reproduced below:- 
 
“3. Allocation of Business.- (3) The business of the 
Government shall be distributed amongst several Departments 
in the manner indicated in the Second Schedule. 
                                                             
4 The words “but in no case shall more than one Nikah Registrar be licensed for any one Ward” in Section 5(2) 
of the Act of 1961 were subsequently deleted by the Punjab Muslim Family Laws (Amendment) Act, 2015. 
H.R.C. No.32642-P/2018 
 
-: 12 :-
 
Second Schedule 
Distribution of Business among Departments 
Human Rights and Minorities Affairs Department 
 
4. 
Functions assigned under the Christian Marriage Act, 
1872 and rules framed threreunder.  
 
11. 
Administration of the following laws and the rules 
framed thereunder: 
i. 
The Christian Marriage Act, 1872 (XV of 1872). 
ii. 
The Hindu Gains of Learning Act, 1930 (XXX of 
1930) 
 
12. 
Matters incidental and ancillary to the above subjects.” 
 
Furthermore, according to Entries No.4(a) and 8 of the Second Schedule of 
the Punjab Rules of Business, “[m]atters relating to Local Governments/Local 
Councils” and “[p]olicy matters regarding registration of births, deaths and marriages by 
local governments” respectively have been allocated to the Local Government 
and Community Development Department (LG&CD Department). The law 
governing local governments is the Punjab Local Government Act, 2013 (Act of 
2013), Sections 72(1)(m) and 81(2)(x) whereof provide for the relevant function 
of Union Councils and Municipal Committees respectively regarding 
registration of marriages which read as under:- 
 
72. Functions of the Union Council.- (1) A Union Council 
shall: 
(m) 
arrange for registration of births, deaths, marriages and 
divorces and pass on such information about births, deaths and 
marriages and divorces in the Union Council to such persons 
and institutions as may be prescribed. 
 
81. Municipal Committees.- (2) A Municipal Committee shall: 
(x) 
arrange registration of births, deaths, marriages and 
divorces and pass on such information about births, deaths, 
H.R.C. No.32642-P/2018 
 
-: 13 :-
marriages and divorces in its territorial jurisdiction to such 
persons and institutions as may be prescribed. 
[Emphasis supplied] 
 
According to Section 2(jj) of the Act ‘prescribed’ means “prescribed by the 
rules” and the rule-making power of the Government of Punjab is 
contained in Section 144 thereof. However, admittedly no rules have been 
prescribed in this regard. Nonetheless it is pertinent to note Section 148 of 
the Act which provides as follows:- 
“148. General powers of local governments.- Notwithstanding 
any specific provision of this Act, a local government shall 
perform its functions conferred by or under this Act and 
exercise such powers and follow such procedures as are 
enumerated in Eighth Schedule.” 
 
The Eighth Schedule provides the general powers of local governments 
which means “a Union Council, a Municipal Committee, a Municipal Corporation, the 
Metropolitan Corporation, a District Council or an Authority” [Section 2(v) of the Act] and 
Clause 90 thereof is relevant which states that:- 
 
“90. Birth, deaths, etc.- A local government shall register all 
births, deaths, marriages and divorces within the limits of its 
local area and information of such births, deaths, marriages 
and divorces shall be given by such persons or authorities and 
shall be registered in such manner as the bye-laws may 
provide.” 
 
The Government of Punjab, Local Government & Community Authority 
Department, have issued the Union Councils Nikah/Marriage Registration 
(Model) By-laws, 2016 (By-laws), the relevant portion wherefrom is scanned 
hereinbelow:- 
 
H.R.C. No.32642-P/2018 
 
-: 14 :-
 
 
Finally, NADRA issues computerised marriage certificates and in this 
regard Section 21(2) of the National Database and Registration Authority 
Ordinance, 2000 (Ordinance) provides as under:- 
 
“21. Information relating to births, deaths, marriages, 
divorces, etc.- (2) The marriage or divorce of a citizen or any 
other prescribed persons or class thereof, shall be reported to 
the District Registrar by such authority or officer as may be 
prescribed by regulations.” 
 
8. 
According to Clause 4(i) of the by-laws regarding registration 
of marriages of non-Muslims, only those persons who have been granted a 
license by the HR&MA Department are authorised to get non-Muslim 
marriages registered with the Union Councils. The report submitted to this 
Court on behalf of the Secretary HR&MA Department outlines the process 
for granting solemnisation licenses as follows:- 
 
II) 
That the Human Rights & Minorities Affairs Department 
issues Christian Marriage Licenses under section 9 of the 
Christian Marriages Act, 1872 to the persons recommended by 
H.R.C. No.32642-P/2018 
 
-: 15 :-
the respective churches and accordingly they solemnize 
marriages of the Native Christians. The list of all the license 
holders is circulated by the Local Government & Community 
Development Department to the respective districts in order to 
facilitate the registration of marriages at Union Councils” 
 
III) 
“That 
the 
Human 
Rights 
& 
Minority 
Affairs 
Department, Government of the Punjab intimates Local 
Government & Community Development Department whenever 
a new license is issued or an existing (license) is renewed for 
solemnisation of marriages to the Christian in accordance with 
the prescribed policy. The Local Government & Community 
Development Department forwards the same to the concerned 
District Administration for intimation to the Union Councils. 
Hence, the marriages of the Christian residents in Punjab are 
being duly registered with the concerned Union Councils and 
the NADRA.” 
 
Furthermore, it is stated in the letter dated 17.03.2014 [No. SO(M) HR&MA-4-
34/2013(P-I)-249] of the HR&MA Department that the said department 
“…issues licenses for solemnizing marriages between Christians according to Section 
5(iii), 5(iv) and 5(v) of the Christian Marriage Act, 1872…” It appears that the 
precise issue of non-registration of Christian marriages by the Union 
Councils and the subsequent non-issuance of computerised marriage 
certificates by NADRA, as pointed out by the Chairman NADRA, is 
because the Union Councils refuse to register marriages solemnised by 
those persons mentioned in Section 5(1) and (2) of the Act as they, and the 
HR&MA Department, are under the wrong impression that such persons 
require a license to do so. As observed in paragraph No.4 of this opinion 
and at the risk of repetition, the Act is clear in that individuals falling 
under Section 5(1) and (2) supra are not required to apply for a formal 
license from the HR&MA Department to solemnise marriages because 
under canon law, ordination itself confers an inherent power to solemnise 
marriages and this position is reflected in the Act, and it is only those 
H.R.C. No.32642-P/2018 
 
-: 16 :-
individuals mentioned in Section 5(3), (4) and (5) supra who require a 
license under the Act to solemnize marriages. Both sets of persons, i.e. 
those under Section 5(1) and (2) supra on one hand and those under 
Section 5(3), (4) and (5) supra on the other, are eventually authorised to 
solemnise marriages, the former of whom derive their power to solemnise 
marriages from ordination and the latter from the Act. The HR&MA 
Department and/or the local government cannot refuse to recognise 
certain classes of individuals who solemnise Christian marriages as this is 
disregarding the law. Additionally, the local government statutes of the 
Provinces of Sindh, Khyber-Pakhtunkhwa and Balochistan all contain 
similar provisions which empower the local government to register 
Christian marriages. It is an admitted fact that in the other Provinces, 
Union Councils have not raised any objection to registering Christian 
marriages in this regard and in light of the Article 25 of the Constitution of 
the Islamic Republic of Pakistan providing that “[a]ll citizens are equal before 
law and are entitled to equal protection of law”, it is discriminatory that Punjab, 
where around 80% of the total Christian population of Pakistan resides, 
should refuse to do so.  
9. 
 
Moreover, as explained in the report (relevant sections reproduced 
earlier in this opinion) submitted by the HR&MA Department, Union Councils 
are informed when new licenses are issued and when existing licenses are 
renewed, the list of license holders is circulated among Union Councils. 
Therefore, in light of our findings in the preceding paragraph, the HR&MA 
Department is directed to introduce a procedure whereby they receive the 
names of all the persons who fall within the provisions of Section 5(1) and 
(2) of the Act and are duly authorised to solemnise marriages after which 
the said Department should prepare lists of such names based on the 
jurisdiction of the concerned local government; the lists should be 
forwarded to the concerned local government (including Union Councils) so that 
H.R.C. No.32642-P/2018 
 
-: 17 :-
they are aware that such individuals are duly recognised as persons 
authorised to solemnise marriages according to the law and capable of 
registering such marriages with the local government without holding a 
formal license to that effect. Thereafter, the local government shall, in 
accordance with law, report/pass on such information of a Christian 
marriage to NADRA which shall issue the requisite computerised marriage 
certificate. Therefore:- 
i. 
Union Councils are directed to register Christian marriages in 
accordance with law; 
 
ii. 
NADRA is directed to issue computerised marriage certificates 
in accordance with law; and 
 
iii. 
The LG&CD Department and the HR&MA Department of the 
Government of Punjab are directed to promulgate the 
necessary rules, etc. and make the necessary amendments in 
the by-laws, notifications, letters, etc. to reflect the legal 
position outlined in this opinion.  
 
10. 
 
In the light of the above, this application is accordingly 
disposed of. 
 
 
 
          CHIEF JUSTICE 
 
 
 
 
Announced in open Court 
on 16.1.2019 at Islamabad 
Approved for Reporting 
M. Azhar Malik 
  
 
               JUDGE 
 
 
               JUDGE 
 
