No concept of disassociation, SC says on plea seeking surname change


–CJP orders man to provide financial compensation to petitioner daughter for abandoning her in childhood


ISLAMABAD: The Supreme Court (SC) on Thursday remarked that there was no law governing the axing of a father’s name from a child’s and concept of disassociation.

A three-member bench, headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar, was hearing a girl’s request to have her surname changed to “Pakistan”, seeking her father’s name to be axed from official documents.

During the hearing, the top court remarked that there was no law governing the axing of a father’s name from a child’s.

The petitioner’s father and a National Database Registration Authority (NADRA) representative appeared before the bench.

Justice Nisar questioned Tatheer’s father on why he had remained an absentee father for years.

“The girl wants to get your name removed. She wants it changed to Tatheer Fatima Bint-e-Pakistan.”

The petitioner claimed she had approached her father in regards with some document required in connection with matriculation. She said he had asked her to inform police her mother was “a woman of loose character” and that she did not want to live with him.

The CJP directed the father to provide financial compensation to the petitioner over his absence. To which, the man claimed that he has an underprivileged background. The court then ordered the Federal Investigation Agency (FIA) to look into his finances.

The court adjourned the hearing until September 23 after appointing Makhdoom Ali Khan and Fida Hussain as amicus in the case.

The SC also issued a notice to the Attorney General of Pakistan (AGP).

In an earlier hearing, Justice Saqib Nisar had said it was the first instance of such a case being presented before the court.

He had said that according to the law, a father is the head of a household and there was no space in the law of the country or religion to make such a change. “Children are identified by their father,” maintained the top judge.

Addressing the court, Tatheer had said that her father did not provide her with the documents she required because of which she had to face a lot of difficulties.

Tatheer Fatima’s mother had inquired what a daughter was to do when her father leaves her and does not provide her with legal documents when she is in need.

“Parents disinherit their children,” said the petitioner to which Justice Ijazul Ahsan responded that the law does not have a concept of disinheriting children.