PESHAWAR: Peshawar High Court has allowed two months’ time to Khyber Pakhtunkhwa government for introduction and implementation of an updated Nikahnama and enforcement of a law on premarital screening for thalassaemia and Hepatitis-C.
A bench consisting of Justice Mohammad Ijaz Khan and Justice Syed Mudasser Ameer was requested by an additional advocate general to allow few months to the government for introduction and implementation of an updated Nikahnama (marriage form), which would also include provision related to premarital medical tests by the bride and groom.
The AAG stated that the government had already prepared a format of a proposed Nikahnama, which would be provided to local councils and Nikah registrars for implementation.
He also produced a copy of the new format of the Nikahnama, stating that the proposed form would also include a portion related to conducting of premarital tests by the would-be couple. The bench fixed May 25 for next hearing of a petition jointly filed by Nida Gul Ghilzai and nine other activists of Shirkat Gah, a women’s resource centre.
AAG says new form will also include a portion about premarital tests of would-be couple
The bench observed that it would allow time to the government and directed to provide details about introduction and implementation of the updated Nikah form on next hearing.
The petitioners requested the court to order immediate implementation of the updated Nikahnama across the province for marriage registration. They also sought court’s orders for the government to ensure effective implementation of Preventive Healthcare Act, 2009, regarding premarital screening for thalassaemia and Hepatitis-C.
The petitioners requested the court to order respondents to arrange free testing in all major hospitals in the province, including those in tehsil headquarters, and ensure blood test results were mentioned in Nikahnama and produced before solemnization of marriage.
Advocate Mohammad Nasir Ghilzai appeared for the petitioners and said that the provincial government recently introduced the updated format for Nikahnama to ensure better documentation and protection of the rights of would-be couples.
He said that despite the issuance of the new Nikahnama, the government and relevant departments failed to introduce it across the province, causing ‘confusion and inconsistency’ in marriage contract documentation.
The lawyer claimed that in some areas, unapproved Nikahnamas were used, with authorities being unaware of it.
He said that most Nikah registrars in local councils lacked knowledge of Nikahnama columns and clauses, so crucial information was entered into wrong columns, causing confusion for litigants in cases pending with family courts.
The counsel pointed out that the petitioners had repeatedly approached authorities for the implementation of updated Nikahnama but didn’t get satisfactory response.
He said that there had been a significant delay in distribution of new marriage contract forms to all relevant offices, leading to the continued reliance on outdated formats.
Mr Ghilzai said that despite lapse of around 15 years, Preventive Healthcare Act, 2009, meant for certain premarital preventive measures against diseases had not been implemented.
He pointed out that under the law, Nikah registrars should obtain reports of premarital tests for both couples-to-be, including those of screening thalassaemia and Hepatitis-C.
The lawyer said that the registrars should retain those reports for at least two years after marriages were solemnised. He added that if those conditions were violated or registrars failed to preserve the reports, their licences should be revoked under the law.
The respondents in the petition include the provincial government through its chief secretary and the secretaries of home, law, health, local government, finance, social welfare and religious affairs departments.
Published in Dawn, March 3rd, 2025
