What Happen If My Husband Lives in Pakistan & I’m in Abroad?
If you are abroad and your husband lives in Pakistan, then your relationship is governed through the Muslim Family Law Ordinance 1961. This question has the following aspects.
Ø What will be the status of marriage?
Ø How divorce can be obtained
Ø What happens with the child custody?
Ø Visa in Pakistan.
Ø Attestation of documents.
Status of Marriage:
The status of marriage remains intact if your husband is in Pakistan and you are abroad. As per the family laws in Pakistan, the Pakistani government issues the marriage certificate in Pakistan only to those couples who are validly married in the country. If your marriage is registered and if you are issued a computerized marriage certificate in Pakistan, then legally you are married, and you will remain married irrespective of the fact that you are living abroad and your husband is in Pakistan.
How Divorce Can be Obtain from Abroad:
If you are living abroad and the husband is in Pakistan, and you need a divorce, then you have to initiate the khula procedure in Pakistan. Khula is a divorce initiated from the female side. If you are a Pakistani citizen or a foreigner, you can file the khula case in the family court through a lawyer. To hire a lawyer, you have to send him a special power of attorney attested by the Pakistani embassy. Even if you are married abroad, and your husband is still in Pakistan, you can file a case of divorce in Pakistan. To file the case of khula, you can hire the services of our law firm. We are experts in the cases of khula from abroad.
What Happens with the Child Custody:
If the husband, along with the children, is in Pakistan, then you need to come to Pakistan to file the case of child custody in Pakistan. The Guardian courts cannot hand over the custody of the children to you remotely. Only for the child custody cases do you need to be in Pakistan, and you cannot get the child custody while being abroad.
Visa:
If you are abroad and your husband is in Pakistan, and you are not a Pakistani citizen, then you have two options. You can visit Pakistan on a visit visa, and secondly, you can apply for a spouse visa to come to Pakistan. In case you stay in Pakistan with your husband for at least three years, then you can also apply for the nationality of Pakistan.
Attestation of Documents:
If you are abroad and your husband is in Pakistan, then in this case, any document that is issued by the Pakistani government will be required to be attested by the Ministry of Foreign Affairs in Pakistan. The legalization of documents in Pakistan will be required for every document that you want to use outside of Pakistan.
Our law firm specializes in family cases filed when either of the spouses is living abroad. We also provide assistance in the legalization of documents in Pakistan. For details, please contact Advocate Nazia.