Can a Woman End Marriage if Husband Lives Overseas?
Yes, a woman can end a marriage if her husband lives overseas. The law does not debar a woman from obtaining a divorce merely because the husband is currently not in Pakistan and is residing abroad.
The procedure for Khula in Pakistan remains the same as for women whose husbands are currently residing in Pakistan. The only difference is that the notices are sent to the husband through the Pakistani embassy or consulate in the country where the husband is currently residing.
How the Notices Are Served
When a woman files a Khula case in Pakistan and her husband is residing abroad, the court issues notices to the husband.
These notices must first be attested by the Ministry of Foreign Affairs in Pakistan and then sent to the Pakistani embassy or consulate in the country where the husband is currently residing.
These notices are served to the husband through the Pakistani embassy or consulate of the country where the husband is currently living.
In cases of Khula where the husband is residing in Pakistan, notices are generally served through courier services or through a process server in Pakistan.
Time Period for Disposal of the Case
The time period for disposal of Khula cases where the husband is residing abroad generally takes a little more time as compared to cases where the husband is residing in Pakistan because serving notices through the embassy or consulate takes additional time.
Under normal circumstances, where the husband is in Pakistan, notices can be sent through courier and the court may also appoint a process server to personally serve the notices upon the husband.
Generally, when the husband is residing in Pakistan, a Khula case may take one to two months. However, where the husband is not residing in Pakistan, the case may take up to six months for disposal.
Can Husband Contest the Case While Being Abroad?
Yes, the husband can also contest the case while being abroad. Just as the law does not debar a woman from filing a Khula case in Pakistan when the husband is abroad, the husband also has the legal right to defend and contest the case.
If the husband is not in Pakistan, he can appoint a divorce lawyer in Pakistan through a special power of attorney.
This special power of attorney should be attested by the embassy or consulate in the country where the husband is currently residing.
When the lawyer receives the special power of attorney, he has the complete legal right to defend the case on behalf of the husband, as he will represent the husband in his absence.
How Divorce Certificate Is Issued When Husband Is Abroad
When the husband is abroad, the wife, after obtaining the Khula decree from the Family Court, can submit the Khula decree before the Arbitration Council.
After completion of the Iddat period, she will be issued the divorce certificate in Pakistan.
The Arbitration Council also sends notices to the husband through courier services. In some cases, notices by the Arbitration Council may also be sent digitally through applications such as WhatsApp.
Can a woman end marriage if husband lives overseas is explained above, but if you still have any questions, you may contact our expert female divorce lawyer in Pakistan, Advocate Nazia.
Our law firm deals with cases of Khula and divorce. We can process your divorce quickly in Pakistan. Our law firm also deals with cases of online Nikah in Pakistan, and we also provide court marriage services for overseas Pakistanis.