Can a Pakistani Women Apply for Divorce While Living Overseas:
Yes! A Pakistani woman can apply for divorce while living overseas. If she is living abroad, she can hire the services of a lawyer through a special power of attorney to represent her in court in her absence in Pakistan. In order to get a divorce from her husband, a wife needs to file a case of khula in Pakistan. Now, to file a case of khula, she either needs to be in Pakistan or send a special power of attorney to her lawyer to file the case in her absence. Not only can a Pakistani national living abroad get the khula from Pakistan, but a foreigner can also get the khula from Pakistan by appointing a lawyer through the special power of attorney.
Process to Apply:
Below is the process through which a Pakistani woman can apply for divorce while living overseas.
Ø the woman living overseas needs to contact a lawyer.
Ø The woman will provide the lawyer with all the relevant information and documents.
Ø The lawyer will send an email with the special power of attorney to the woman living abroad.
Ø The woman will get a print of the special power of attorney and get it attested from the Pakistani embassy or consulate where she resides.
Ø After the attestation, she will post the original power of attorney to the lawyer to file the case.
Documents Required:
Generally, the documents required to file a case of khula from abroad are an ID card and a passport copy, along with the marriage certificate. If the marriage certificate is not available, then you can let your lawyer know; he will file the case without it.
Process of Filing the Khula:
Below is the process of filing a case of divorce in Pakistan.
Ø Once the lawyer receives your special power of attorney, he will get it attested by the Ministry of Foreign Affairs.
Ø After the attestation from the MOFA office, he will obtain the biometric verification on behalf of his client.
Ø Then he will draft the case and file it before the family court.
Duration of Khula:
The duration for the khula case in Pakistan is not fixed. As per the family laws in Pakistan, the case needs to be disposed of within a period of six months. A good family lawyer in Pakistan can get a khula case decided within 30 to 45 days.
Authorities Given To Your Attorney:
What authorities your lawyer will have can be mentioned in the special power of attorney. If he is authorized to give statements and evidence on your behalf, then he will; else, you have to tender evidence in the court through the witnesses. You can also authorize your lawyer to issue you the divorce certificate in Pakistan after the khula decree.
Lawyer Dealing with Khula Case:
The family lawyers in Pakistan are the best lawyers who deal with the cases of khula and divorce. Advocate Nazia is an expert female family lawyer in Pakistan from our law firm, who deals with the cases of khula. Can a Pakistani woman apply for divorce while living abroad? It is mentioned above, but if you have any questions, you may contact Advocate Nazia.