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Divorce Or Khula Procedure For Overseas Pakistanis

If you are an overseas Pakistani and you wish to divorce your wife or obtain a decree of khula from your husband through a Pakistani family court, you can do it without your presence in Pakistan.

PROCEDURE:

DIVORCE

An overseas Pakistani husband wishing to divorce his wife (who is residing in Pakistan or whose ‘last known address’ in Pakistan is known), will execute a divorce deed and a special power of attorney, nominating any person present in Pakistan as his representative, and get these documents attested from Pakistan High Commission in the country of his stay and send these documents to Pakistan. The divorce deed and special power of attorney will be counter-attested by Pakistan Foreign Office. After attestation of these documents from Foreign Office, the representative, nominated through the special power of attorney, can file for Divorce Certificate in Arbitration Council of the area where wife is currently residing or where her ‘last known address’ is and initiate divorce proceedings. After initiation of proceedings, the Arbitration Council takes 90 days to issue the Divorce Certificate KHULA A Pakistani woman residing outside Pakistan can also file a case for obtaining a khula decree from a Pakistan court without coming to Pakistan, through the following procedure:

She will execute a special power of attorney nominating any person as her personal representative. This power of attorney will be attested from Pakistan High Commission in the country of her stay and counter attested by the Foreign Office in Pakistan.

The personal representative nominated by the wife should have power to represent her, appoint a lawyer and sign documents on her behalf for proceedings in the family court. The personal representative then can file a case, through a lawyer, in a family court for obtaining khula decree.

After obtaining khula decree, proceedings in Arbitration Council can be initiated for obtaining Divorce Certificate.

FAQs

Answer: For overseas Pakistanis, the divorce or khula process in Pakistan can generally be initiated either in-person or through a power of attorney. Here’s a breakdown:
Divorce (initiated by the husband): The husband can send a written Talaq notice to the wife and submit it to the Union Council or relevant authority in Pakistan. If he cannot be physically present, he may appoint someone in Pakistan as his representative through a power of attorney. Once the notice is served, the Union Council sends three notices for reconciliation over a 90-day period. If reconciliation fails, a divorce certificate is issued.

Khula (initiated by the wife): The wife must file a khula suit in a Family Court. If she is overseas, she may also proceed through a power of attorney given to someone in Pakistan. After submitting the khula suit, the court usually calls for a reconciliation meeting. If reconciliation is unsuccessful, the court issues a decree of khula, officially ending the marriage.

Answer: Yes, overseas Pakistanis can complete the divorce or khula process without traveling to Pakistan. They can appoint a close family member, friend, or lawyer as their representative in Pakistan through a power of attorney. This document must be attested by the Pakistani embassy or consulate in the country where they reside, ensuring legal validity. This representative can then attend court hearings or file the necessary documents on their behalf.

Answer: The duration varies depending on the type of case and whether both parties agree: Divorce (Talaq): The divorce process usually takes around 90 days. After serving the initial divorce notice, the Union Council tries to arrange reconciliation meetings. If reconciliation fails, the divorce certificate is typically issued after three months.
Khula: Khula cases generally take longer, between 3 to 6 months, depending on court schedules, response times, and the specifics of the case. If the husband agrees, the process is faster; if contested, it may take longer.

Answer: Key documents include:

A valid marriage certificate (Nikah Nama)

Copy of CNIC or passport

Power of attorney (if acting through a representative), attested by the Pakistani consulate

Divorce notice or khula application, signed by the party initiating the process

Answer: Yes, a divorce or khula granted by a Pakistani court is recognized internationally, provided that the process follows Pakistani laws and the relevant procedures. However, for countries requiring additional certification, the divorce or khula decree may need to be attested by the Pakistani Foreign Office and possibly legalized by the embassy of the respective country. This step ensures compliance with international standards for overseas Pakistani nationals.

Answer: Divorce (Talaq): Initiated by the husband, who can unilaterally divorce his wife under Islamic law. The husband issues a notice of divorce to the Union Council, which follows a process of reconciliation attempts before finalizing the divorce.

Khula: Initiated by the wife, who applies to a Family Court to dissolve the marriage. The court arranges for reconciliation attempts; if unsuccessful, it grants the khula. Unlike talaq, khula requires judicial approval and may involve a return of the dower (haq mehr) to the husband.

Answer: Yes, both parties have the right to appeal a divorce or khula decision. If either party believes the decision was unfair or unlawful, they may file an appeal in the Pakistani Family Court or higher courts. The process typically involves legal representation and can be conducted remotely through a power of attorney, ensuring compliance with court deadlines and procedural requirements. These questions and answers cover critical aspects of divorce and khula for overseas Pakistanis, giving them an understanding of the process, legal requirements, and duration involved.



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