Divorce for Overseas Pakistanis

A husband who is currently not in Pakistan and wishes to divorce his wife can initiate the divorce process for overseas Pakistanis. For the divorce process, he does not even have to come to Pakistan. To initiate the process, all he needs to do is hire the services of a lawyer for divorce for overseas Pakistanis.

Just like any other country in the world, lawyers have the right to legally represent clients in their absence. If a Pakistani husband is currently not in Pakistan, he can hire the services of a divorce lawyer to initiate the divorce process for overseas Pakistanis.

In the process of divorce for overseas Pakistanis, the husband does not need to prove his case before the arbitration council because, as per family law, the husband has the arbitrary right to divorce his wife without providing any reason.

Who Can File a Case?

A husband who wants to divorce his wife can file a case in Pakistan. Below are the circumstances under which a case can be filed in the country:

A husband who is a Pakistani citizen and is currently not in Pakistan can file a case in Pakistan.
A foreign husband who is married to a Pakistani wife can initiate legal proceedings against the wife in Pakistan.
A foreigner whose marriage is registered in Pakistan can also initiate divorce proceedings in Pakistan.

Does the Husband Have to Visit Pakistan?

No, in order to initiate the divorce process for overseas Pakistanis, the husband does not have to visit Pakistan. He can initiate the process while being abroad. All he has to do is hire the services of a divorce lawyer in Pakistan.

Where Is the Case Filed?

The case is filed before the Arbitration Council, which is also known as the Union Council.

The divorce procedure for overseas Pakistanis is different for males and females. If a female needs Khula in Pakistan, she has to file her case through a lawyer in the Family Court. If a husband wants to initiate the overseas Pakistani divorce process, then he has to file a case through a lawyer before the Arbitration Council.

Documents Required to Divorce in Pakistan

Below are the documents required to initiate a divorce in Pakistan:

Copy of the husband’s ID card.
Copy of the husband’s passport.
Husband’s email ID.
Marriage certificate.
Copy of the wife’s ID card is optional.

DIVORCE PROCEDURE FOR OVERSEAS PAKISTANI

Below is the step-by-step divorce procedure for overseas Pakistanis.

Draft Special Power of Attorney

For the divorce procedure for an overseas Pakistani, you need to draft a Special Power of Attorney in the name of your attorney or representative. This SPA will authorize the attorney holder to represent you in your absence.

Get (SPA) Attested

The drafted Power of Attorney should be attested by the Pakistani Embassy or Consulate of the country where the overseas Pakistani is residing.

Courier SPA

After the attestation, you have to post the original Power of Attorney to your attorney or representative.

Attestation from MOFA

Once the attorney receives the SPA, he will get this SPA attested by the Ministry of Foreign Affairs.

Draft Divorce Deed

The Power of Attorney holder will draft the divorce deed on behalf of the overseas Pakistani.

Send Notice

The attorney will send a copy of the divorce deed to the wife.

Register Divorce Deed

The attorney will submit the original divorce deed to the Union Council through an application, along with the copy of the SPA, ID card, and marriage certificate attached with it.

Notice by Arbitration Council

The Arbitration Council will send notices to the wife to appear before the Council, along with two family members from the side of both the husband and wife.

90 Days Reconciliation Period

The Arbitration Council will try to have reconciliation between the husband and wife for 90 days.

Issuance of Divorce Certificate

In case the reconciliation fails and the 90 days have expired, the divorce certificate in Pakistan will be issued to the spouse.

HOW TO EXECUTE DIVORCE DOCUMENTS FROM UK, UAE, SAUDI ARABIA, CANADA, USA, ITALY, OMAN, QATAR, KUWAIT, SPAIN, GERMANY

To execute the overseas divorce in Pakistan from countries like the UK, UAE, Saudi Arabia, Canada, USA, Italy, Oman, Qatar, Kuwait, Spain, and Germany, the above-mentioned procedure of divorce for overseas Pakistanis will apply mutatis mutandis.

MUTUAL DIVORCE OF OVERSEAS PAKISTANIS

Divorce can not only be unilaterally initiated by the husband, but it can also be a mutual divorce deed initiated by both the husband and wife. If both the husband and wife mutually agree to the divorce, they can initiate the mutual divorce process in Pakistan. If they are abroad, then the below procedure will apply:

Draft Mutual Divorce Deed: Both the husband and wife will sign a mutual divorce deed in which all the terms and conditions of the divorce will be mentioned.
Power of Attorney: If the spouse is abroad, then they will have to send the Special Power of Attorney to the lawyer or representative, attested by the Pakistani Embassy or Consulate. Both the husband and wife can also send the SPA to the same person.
Arbitration Council: The SPA holder will submit the mutual divorce deed to the Arbitration Council.
Notices: The Council will issue notices to both the parties or their representatives in Pakistan.
Reconciliation: The Council will try to have reconciliation between the spouses for 90 days.
Divorce Certificate: In case the reconciliation fails, then after 90 days, the divorce certificate will be issued to the spouse.

DOWNLOAD FREE MUTUAL DIVORCE DEED

DELEGATED RIGHT OF DIVORCE BY OVERSEAS PAKISTANI

If the husband has delegated his right of divorce to the wife and this right is also mentioned in the Nikahnama, then the wife living abroad can also initiate the divorce process from abroad. In the case of delegated right of divorce to the wife, which is also called talaq-e-tafweez, she does not need to initiate the overseas khula procedure in Pakistan. She has to follow the below procedure:

Power of Attorney: The wife will send a Special Power of Attorney for abroad to her attorney or representative.
Draft Divorce Deed: The attorney holder will draft the divorce deed, and the contents will mention that, by using the right of delegated divorce, she divorces herself.
Notice: A copy of the divorce deed will be sent to the husband.
Arbitration Council: The original divorce deed will be submitted to the Arbitration Council.
Notice by Council: The Arbitration Council will send notices to both parties.
90 Days Reconciliation: The Council will try to have reconciliation between the husband and wife for the period of 90 days.
Divorce Certificate: On the expiry of 90 days, the divorce certificate will be issued to the spouse.

RELEVANT LAWS

The relevant law which deals with the overseas Pakistani divorce procedure is the Muslim Family Laws Ordinance, 1961. Below are the key points of this law on divorce.

SECTION 7 (1): The husband is bound to give notice to the Chairman regarding the divorce to the wife.

SECTION 7 (2): If the notice is not given to the Chairman, it will be a crime punishable with imprisonment of up to 1 year and a fine of up to five hundred thousand rupees.

SECTION 7 (3): The talaq in Pakistan becomes effective only after the period of 90 days starting from the date when the Chairman was notified.

SECTION 7 (4): The Chairman will constitute an Arbitration Council within the period of 30 days starting from the date when he was notified.

SECTION 7 (5): Divorce during pregnancy will not be effective until the pregnancy ends.

SECTION 7 (6): The wife can remarry the same husband without an intervening marriage known as halala.

DOWNLOADS

You may download free PDFs for the divorce procedure for overseas Pakistanis:

CASE LAWS FOR DIVORCE PROCESS FOR OVERSEAS PAKISTANI

PLD 1963 Supreme Court 51, Ali Nawaz Gardezi v. Muhammad Yusuf: In this case, the Supreme Court of Pakistan decided that the Muslim Family Law Ordinance, 1961 applies to all Muslim citizens, even if they are living abroad.

PLD 1989 Karachi 513, Mrs. Rashida Patel v. Federation of Pakistan: In this case, the court decided that a Muslim husband has inherent powers to divorce the wife either personally or through a duly appointed attorney.

PLD 1984 Lahore 240, Mst. Sakina Bibi v. Muhammad Sharif: In this case, the court decided that people living outside Pakistan are fully entitled to file or defend matrimonial cases through an authenticated Special Power of Attorney.

Divorce Certificate

The divorce certificate is the final document issued by the government once the overseas Pakistani divorce process is finalized. This is the final document used as proof that the person is now divorced and is not currently married to anyone.

The certificate is a digital certificate issued through the NADRA system and contains a tracking number through which its authenticity can be verified through the relevant office.

OVERSEAS PAKISTANI DIVORCE FEES

The overseas Pakistani divorce fees vary lawyer to lawyer and city to city. Generally, an experienced and expert divorce lawyer may charge between 50,000 rupees and 500,000 rupees for a family case. Since every case is different, you need to discuss your matter first so that you may receive an appropriate quotation. An overseas Pakistani divorce cost also varies city to city. Our law firm have nominal divorce fees in Pakistan and you may contact our expert divorce lawyer in Lahore Pakistan.

Timeline of Divorce Process

The timeline of the overseas Pakistani divorce process in Pakistan is at least 90 days. Family law states that the divorce certificate will be issued after a minimum period of 90 days.

It is always recommended to hire the services of experienced and expert divorce lawyers so that the divorce procedure for overseas Pakistanis can be finalized quickly and the divorce certificate can be obtained within time.

DOWER AMOUNT IN CASE OF DIVORCE

In case of divorce by the husband from abroad, he is bound to pay the dower amount to the wife as mentioned in the Nikahnama. In case of non-payment of the dower amount, the wife can file a case against the husband in the Family Court for the recovery of the dower amount.

MAINTENANCE

The husband is bound to maintain the wife. After the divorce, he is also bound to maintain the wife till the period of iddat, which is 90 days starting from the date of divorce. After the iddat period, the husband is not bound to maintain the wife.

DOWRY ARTICLES

The wife can claim her dowry articles from the Family Court before or even after the divorce from the husband. Anything given as a gift to the groom or his family by the bride, her family, or friends will be considered as dowry articles.

POWER OF ATTORNEY FOR OVERSEAS DIVORCE IN PAKISTAN

If the husband wants to divorce the wife while being abroad, he needs to send the Power of Attorney to the attorney, attested by the Pakistani Embassy or Consulate in the country where he is currently residing. You need to send the required documents to your lawyer so that he can draft the Power of Attorney for you. You can also download the specimen of the Power of Attorney from the below link.

SPECIAL POWER OF ATTORNEY for overseas divorce Specimen

WHEN AN OVERSEAS PAKISTANI TAKES DIVORCE FROM ABROAD

If a Pakistani citizen has obtained the divorce from abroad instead of obtaining the divorce from Pakistan, then, as per Pakistani law, he also needs to register this foreign divorce in Pakistan. Pakistan accepts foreign divorce. After the registration of the foreign divorce, the overseas Pakistani will be issued the divorce certificate from Pakistan.

ADVANTAGE OF BEING DUAL NATIONAL

A dual national has the advantage of obtaining divorce from abroad and from Pakistan also, subject to Pakistani laws.

COMMON MISTAKES ACCORDING TO OUR EXPERIENCE

It is a common mistake that people residing abroad think that they have to come to Pakistan to give divorce to the wife residing in the country.

LEGAL ADVICE

It is legally advised to contact an expert family lawyer in Pakistan when it comes to the online divorce process for overseas Pakistanis.

OUR SERVICES

Our law firm deals with all kinds of family cases, and we are experts in cases of marriage and divorce. We deal in services for online marriage, court marriage, and overseas khula procedure in Pakistan.

LAWYER’S CREDENTIALS

Adv. M. Ali is the owner of the law firm Azad Law Associates and is an expert family lawyer practicing law since 2010 in the courts of Lahore. You may process your divorce from abroad through us. The copy of the High Court Bar Council is pasted here for your reference.