Many Pakistani women marry foreign nationals, including Indians, and later wish to regain their Pakistani citizenship. The case of Mst. Samina Naz highlights the legal challenges involved. This article explains whether a Pakistani woman can regain citizenship after marrying an Indian national and what conditions apply.
Background of the Case
Mst. Samina Naz, a Pakistani woman, married an Indian national in 1995. Later, she renounced her Pakistani citizenship in 2004 and acquired Indian citizenship. She returned to Pakistan in 2018 with her children and applied to regain Pakistani citizenship. However, authorities asked her to surrender her Indian documents first.
Does Marriage to an Indian National Automatically Cancel Pakistani Citizenship?
No, marriage to an Indian national does not automatically cancel Pakistani citizenship. Under Section 14(4) of the Pakistan Citizenship Act, 1951, a Pakistani woman married to a foreigner does not lose her citizenship unless she formally renounces it.
However, in this case, Mst. Samina Naz voluntarily renounced her Pakistani citizenship. Once she did so, she had to follow legal procedures to regain it.
Can a Pakistani Woman Regain Citizenship After Renouncing It?
Yes, but certain conditions apply. The law allows a person to regain Pakistani citizenship, but they must surrender foreign nationality documents first. The authorities required Mst. Samina Naz to submit:
- Her Indian citizenship certificate
- Indian passport
- Pakistani renunciation certificate
- Any other Indian identity documents
This ensures she does not hold dual nationality illegally.
What About Children Born to a Pakistani Mother and Indian Father?
The citizenship status of children depends on when they were born:
If born before the mother renounced Pakistani citizenship, they were initially Pakistani citizens but lost citizenship when she renounced hers.
If born after renunciation, they were never Pakistani citizens.
Children can reclaim Pakistani citizenship by declaring it within one year of turning 21 under *Rule 19-B of the Pakistan Citizenship Rules, 1952*.
Can They Apply as Commonwealth Citizens?
Pakistan and India are both Commonwealth nations. Section 15 of the Pakistan Citizenship Act allows Commonwealth citizens to apply for Pakistani citizenship. However, the government has set specific rules:
Applicants must first apply through a Pakistani mission abroad.
They must get an immigrant visa before applying for citizenship.
Since Mst. Samina Naz and her children were already in Pakistan, this process did not apply to them.
Why Did the Court Reject the Petition?
The court dismissed the petition because:
Mst. Samina Naz had already renounced her Pakistani citizenship.
She did not surrender her Indian documents.
Granting citizenship without proper documentation would allow illegal dual nationality.
The court ruled that the conditions imposed by authorities were fair and legal.
Key Takeaways for Pakistani Women Married to Indians
Marriage to an Indian does not automatically cancel Pakistani citizenship – Only formal renunciation does.
Renunciation means losing citizenship – To regain it, foreign documents must be surrendered.
Children’s citizenship depends on birth timing – Those born before renunciation can reclaim citizenship later.
Commonwealth citizenship does not guarantee Pakistani citizenship – Special rules apply.
Conclusion
A Pakistani woman married to an Indian national does not lose citizenship automatically. However, if she renounces it, she must follow legal steps to regain it, including surrendering foreign documents. The case of Mst. Samina Naz clarifies that dual nationality is not permitted unless proper procedures are followed.
If you are a Pakistani woman married to an Indian and want to regain citizenship, consult legal experts to understand the exact requirements. The process can be complex, but knowing the law helps in making informed decisions.
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