Can I Give Testimony Visa Video Call & E Court:
Yes! You can give testimony via video call or e-court in Pakistan. To give testimony via video call or e-court in Pakistan, the requirement is that the petitioner or the respondent should be abroad. A person who is in Pakistan has to personally appear before the court and give testimony. If a person is not in Pakistan, then he has two options as follows.
- Ø To give testimony via video call
- Ø Or to give testimony through a special power of attorney.
Power of Attorney:
When you hire an attorney in Pakistan for your court cases, you have the option to give him the right to testify in court on your behalf. This right can be exercised only when a person who is giving this right has explicitly mentioned in the power of attorney that the person to whom the power of attorney is given will have the right to testify on his behalf. In this case, when a special power of attorney testifies in the court, then the opposite counsel has to cross-examine the person who testifies in the court.
Example:
For example, during the khula procedure in Pakistan, if the female who is abroad has hired the services of a lawyer through a special power of attorney, then that attorney holder can testify in the court on behalf of the female who is abroad. Despite the fact that the wife has given the power of attorney to the lawyer, the court may still ask the attorney holder for confirmation from the woman abroad through a video call.
E-Court in Pakistan:
Now the Pakistani government has formed the e-courts in the country to facilitate the overseas Pakistanis. The Pakistanis who are currently residing abroad and cannot come to Pakistan can request that their case be fixed in the e-courts. The e-courts in Pakistan enable a person abroad to give evidence via video call. They don’t need to come to Pakistan just to give the evidence. The lawyers can give an application in the court to fix their case in the e-courts on this ground.
Cross Examine:
A person abroad can not only give testimony via video call or e-court, but they can also be cross-examined by the opposite lawyer on a video call. Article 164 of the Qanon e Shahdat order 1984 allows a person abroad to give testimony via video call or e-courts. According to the precedent set by the Supreme Court of Pakistan, a person can also give evidence through a video call.
Family Cases:
In family cases like online marriage or divorce in Pakistan, the male or female abroad can give their statement through video calls. A person who does an online marriage in Pakistan can perform a nikah through a video call. A divorce certificate in Pakistan can also be issued to the male on his video statement that he doesn’t want to reconcile with his wife.