How to File a Case against Wife in Pakistan from Abroad

If a husband wants to file any case against his wife in Pakistan from abroad, then he has to hire the services of a lawyer who can legally represent him in court in his absence.

If you want to file any case before the courts of Pakistan, there are two ways:

• If you need to be in Pakistan to file the case, and you have to sign the Vakalatnama in favor of your lawyer, who can represent you in the courts. You will need to hire a divorce lawyer for the divorce procedure in Pakistan.
• If you are not in Pakistan and are abroad, then you have to hire the services of a lawyer remotely. In order to hire the services of a lawyer remotely, you have to send him a Special Power of Attorney attested by the Pakistani Embassy or Consulate so that he can represent you in the courts in your absence.

What Cases Can Be Filed Against Wife?

A husband can file the following cases against his wife in Pakistan:

• The husband residing abroad can file a case of overseas divorce in Pakistan against the wife.
• The husband can file a case for restitution of conjugal rights in Pakistan against the wife.
• The husband can file a case of child custody in Pakistan against the wife.
• The husband can file a case for a guardianship certificate in Pakistan against the wife.

Who Drafts the Special Power of Attorney?

• When you need legal services, the first step is to contact a lawyer, consult him, and seek legal advice.
• Once you are satisfied, you have to pay the lawyer’s fee in advance. After hiring the lawyer, he will draft the Special Power of Attorney himself and email the document to you.
• All you need to do is get this document attested by the Pakistani Embassy or Consulate and then courier the original Special Power of Attorney to the lawyer.

Attestation of Special Power of Attorney

• Mere signatures and thumb impressions of the client on the Special Power of Attorney in favor of the lawyer will not work because the lawyer has to submit this document before the courts, and the courts do not accept mere signatures of the client.
• The person executing the Special Power of Attorney must also get it attested by the Pakistani Embassy or Consulate in the country where he is currently residing and then courier the original document to the lawyer.

Case by Wife Against the Husband

• Just as a husband can file a case against the wife, the wife can also file a case against the husband in Pakistan from abroad.
• She can initiate the overseas Khula procedure in Pakistan against the husband. She can also file cases relating to dowry, child custody, guardianship, and maintenance against the husband.

What Powers Can Be Given to the Lawyer?

• The client can give any power to the lawyer that he wants him to exercise in his absence.
• The lawyer can not only be given the power to file or contest a case, but he can also be given the authority to tender evidence in court and to get any document attested from any department.
• He can be given the authority for the legalization of documents in Pakistan. He can also be given the authority to obtain the Divorce Certificate in Pakistan on behalf of the client once the divorce case initiated by the male or the female is finalized.
• At the end, what matters is the Divorce Certificate. This is the final document that will be mandatorily required for the next marriage.
• If you want to enter into a new marriage after divorce, whether while being in Pakistan or abroad, you will need this certificate.
• An overseas Pakistani can also avail the services of an Online Nikah in Pakistan, and once the marriage is registered, he will also be issued a Marriage Certificate in Pakistan.
• How to file a case against a wife in Pakistan from abroad is mentioned above. However, if you still have any questions, you may contact our expert family lawyer, Advocate Ali.