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2017 CLC 1366

Mrs. ROQUAIYA FARID vs FEDERATION OF PAKISTAN through Secretary and

Citation2017 CLC 1366
CourtSindh High Court
Case No.C.P. No,D-498 of 2014
Date2014-01-19
Judge(s)Aqeel Ahmed Abbasi, Muhammad Junaid Ghaffar
ResultPetition accepted

ORDER

Through instant petition the petitioner has prayed that her father's name has been incorrectly mentioned in the computer form which was issued by NADRA and was given to the petitioner for attestation however, when it was pointed out that name of her father has been incorrectly mentioned as Muhammad Aziz instead of Syed Shams us Zoha, the respondents have directed the petitioner to obtain a decree from the Court in this regard. It has been contended by the learned Counsel for the petitioner that in the previous CNIC of the petitioner as well as her Nikahnama and other documents of the petitioner, the name of her father has been correctly mentioned as Syed Shams uz Zoha, whereas, the respondents have no material or any document which may suggest that the name of father of the petitioner is Muhammad Aziz, except, the entry in the registration form available at page 21 annexures D.

2.Notices were issued pursuant to which Mr. Abdul Samad Khan Advocate has shown appearance on behalf of NADRA and filed, statement along with annexures wherein it has been stated that the petitioner has herself signed the Registration Form after verification of the contents, and the respondents have not entered any incorrect information. It is further contended that the petitioner may be directed to seek declaration from the competent Court of jurisdiction in this regard.

3. We have heard the learned Counsel for the parties and perused the record. We are not inclined to accept the contention of the learned Counsel for NADRA requiring the petitioner to obtain any judgment and declaration to seek rectification of incorrect entry in, NADRA's registration form, which entry has been seriously disputed by the petitioner who has stated that the same has been entered by respondents, perhaps due to in advantageous and requires rectification. It would amount to dragging the petitioner in unnecessary and cumbersome legal proceedings which otherwise are not warranted under the facts and circumstances of this case, as the petitioner is not seeking any declaration contrary to record. We have noted that in family tree of the members of the petitioner supplied by the Counsel for the NADRA as annexure "A" along with statement filed in Court reflects that in all the CNICs issued to other family members of the petitioner i,e, brothers and sisters, the name of their father is mentioned as Syed Shams-uz-Zoha and not Abdul Aziz whereas in respect of petitioner it has been wrongly mentioned as Abdul Aziz.

Accordingly, we dispose of this petition with the direction to NADRA to make necessary correction in the Registration Form of the petitioner by making the correct entry in the column of father's name of the petitioner as Shams-uz-Zoha instead of Abdul Aziz and issue CNIC to the petitioner within 15 days from the date of receipt of this order, whereafter, compliance report may be submitted to this Court through MIT within another 7 days. It is clarified that any violation or defiance of this order will expose the delinquent officials to the Contempt of Court proceedings which may be initiated in the instant case.

4. Petition stands disposed of in the above terms along with listed application.

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