Can Divorce Case Proceed if Wife Cannot Travel to Pakistan?
- Yes, a divorce case can proceed if the wife cannot travel to Pakistan.
- If the wife is abroad and cannot come to Pakistan to file the case, she can appoint a lawyer on her behalf. She has the legal right to avail the services of a family lawyer to process her case of Khula through the Family Court in Pakistan.
The divorce initiated by the wife is called Khula, and the Khula is filed in the Family Court in Pakistan through a lawyer.
Whether you are in Pakistan or abroad, you have to hire the services of a lawyer in order to establish your case through evidence in the Family Court.
How to Appoint a Lawyer in divorce case?
- In order to appoint a lawyer, the very first thing is that you need to contact a lawyer and discuss all your family issues and the reasons due to which you need divorce in Pakistan.
- You also need to provide the relevant documents to the lawyer and pay the fees. The lawyer will draft a Special Power of Attorney and email it to you.
- You need to take a print of this document and get it attested from the Pakistani embassy or consulate in the country where you are currently residing, and then courier the original document to the lawyer.
Who Drafts the Power of Attorney?
- The lawyer whom you have paid and hired to avail the services of Khula in Pakistan drafts the SPA.
- The lawyer drafts the Special Power of Attorney according to the documents provided to him.
Documents Required to Draft Special Power of Attorney
- The documents required to draft the Special Power of Attorney are a copy of your ID card, a copy of your passport, your residential address abroad, and in some cases, a marriage certificate will also be required.
Do I Need to Send Original power of attorney to the Lawyer?
- Yes, you need to send the original Power of Attorney through courier to the lawyer.
- The scanned copy or the picture of the Special Power of Attorney will not work because once you send the original document, the lawyer also has to get the document attested from the Ministry of Foreign Affairs in Pakistan.
Where the Power of Attorney Is Submitted
- Once the lawyer attests the Special Power of Attorney from the Ministry of Foreign Affairs and files the case in the Family Court, he needs to submit the original Special Power of Attorney in the Family Court.
Therefore, the original document will be required.
Can divorce case proceed if wife cannot travel to Pakistan is mentioned above. Still, if you have any questions, you may contact our expert female family lawyer in Lahore, Pakistan, Advocate Nazia.