Can Wife Continue Case If Husband Disappears?
- Yes, the wife can continue the case if the husband disappears.
- When a case is filed in the court by the wife, the duty of the court is to send notice to the husband in order to inform him that a case has been initiated against him. However, if the husband refuses to accept the notice, deliberately avoids receiving it, disappears, or leaves the place where he generally resides just to avoid the notices, then the court will proceed ex parte against him.
- The court cannot keep sending notices continuously to the other party if he is non-responsive or deliberately avoiding receiving the notice specially during the khula procedure for overseas Pakistani.
Ex Parte Proceeding if husband disappears
- If the husband does not appear before the court despite the notices sent to him and he has received the notice, then the court will proceed ex parte against him.
- An ex parte proceeding means proceedings before the court in the absence of the husband. The duty of the court is only to send the notice and not to force him to submit his written reply.
- If he does not appear before the court and does not submit his written reply, his right to defend the case will be struck off and the court will proceed ex parte against the husband.
Publication in the Newspaper if husband disappears
- If notice was sent to the husband and he refused to accept it, or if he has disappeared or his current whereabouts are unknown, then as an alternative, the court will publish the notice in the newspaper and give him a period of 14 days to appear before the court.
- Despite publication in the newspaper, if the husband does not appear before the court, it will be considered that the notice has been legally and duly served, and then the court will proceed ex parte against the husband.
Appoint a Process Server in Pakistan if husband disappears
- The court, as an alternative, can also direct the appointment of a process server in Pakistan.
- The duty of the process server is to personally deliver the notice to the defendant husband. If the husband refuses to accept the notice, then the process server will submit a report in the court stating that he attempted to deliver the notice but the husband refused to accept it.
- As an alternative, the process server will paste a copy of the notice at a conspicuous part of the house where the defendant is residing.
- If the husband has disappeared or is willfully trying to avoid notices, then the court can direct a process server to initiate skip tracing services in Pakistan for the client.
- Skip tracing services mean locating the whereabouts of the defendant husband. It is the duty of the process server to try to find the whereabouts of the husband, but it is not mandatory that he will always be successful.
- He will make efforts to locate the husband. If he fails to find his whereabouts, he will submit his report in the court, and then the court will publish the notice in the newspaper and proceed ex parte against the husband.
- In cases of Khula proceedings filed by the wife against the husband, the court generally sends one notice, and if the husband disappears or is willfully avoiding the notice, then the court will publish the notice in the newspaper and proceed ex parte.
In case of Khula procedure for overseas Pakistanis where the husband is residing abroad, the court may direct notices to be sent through the Pakistani embassy or consulate in the country where the husband is currently residing.
What Case Can Be Filed Against the Husband?
- The wife can file any case against the husband that is related to marriage or divorce in Pakistan.
- She has the right to file a case of dowry, maintenance, or child custody in Pakistan against the husband.
- Can Wife Continue Case If Husband Disappears is mentioned above, but still, if you have any questions, you may contact our expert female family lawyer in Lahore, Pakistan, Advocate Nazia.
We also deal with cases of online marriages and court marriage in Pakistan.