Khula for Overseas Pakistani

A wife who is residing abroad can obtain Khula from the Family Court in Pakistan without even visiting the country. Family law gives the right and authority to a wife that if she needs a divorce from her husband, she can hire the services of a divorce lawyer and file a case against the husband. The law does not debar a woman from obtaining a divorce only for the reason that she is not in the country.

Generally, this is the law all over the world that a person can hire the services of a lawyer for legal representation before the court. Lawyers are licensed by the government and possess law degrees to represent their clients, even if they are not physically present in the country. The law of Khula in Pakistan is also the same.

If a female needs a divorce from her husband, she can obtain a Khula decree from the Family Court in Pakistan through a lawyer. Khula for overseas Pakistanis is the right of every wife. The law does not force a woman to live in a toxic relationship. If she wants to discontinue the matrimonial bond, she can walk away through a Khula decree obtained by her lawyer.

In Pakistan, the law provides certain grounds for Khula, and these grounds need to be presented by the wife through her lawyer before the court. In order to support her case, evidence has to be tendered before the court. If the court is convinced by the reasons on which the divorce is sought, it will issue a Khula decree in favor of the wife.

Who Can File a Case?

A wife who is not currently in Pakistan can file a case in the Family Court. A case can be filed before the court under the following circumstances:

If a woman is a Pakistani citizen and is residing abroad, she can be a dual citizen and may be abroad for business or work purposes. A female who is on a visit visa or tourist visa cannot file the case while being abroad.
A foreign woman who is not a Pakistani citizen but whose marriage is registered in Pakistan can file a case in the Family Court.
Any person whose marriage is registered in Pakistan can file a case in the Family Court for divorce or Khula.
If a foreign woman is married to a Pakistani citizen, she can file a case in the Family Court in Pakistan irrespective of whether the husband is currently in Pakistan or not.

Does the Wife Have to Visit Pakistan?

No, the wife does not have to visit Pakistan only for the reason that she needs a divorce from her husband. The Khula process for overseas Pakistanis is not rigid. The law gives a female the right to file a case in Pakistani courts without visiting the country.

She can hire the services of a divorce lawyer in Pakistan and can also appoint someone through a Special Power of Attorney. A lawyer in Pakistan can be hired through a Special Power of Attorney, which enables the lawyer to file the case on behalf of the wife in her absence.

Where Is the Case Filed?

The case of overseas Pakistani Khula is filed before the Family Court. Family Courts are empowered in Pakistan to entertain all cases related to marriage and divorce.

Any dispute between a husband and wife, such as dowry cases, maintenance matters, or child custody matters in Pakistan, can also be filed before the Family Court.

Documents Required to File Khula in Pakistan

The documents required to file Khula in Pakistan are as follows:

Copy of the wife’s ID card is mandatory.
Copy of the wife’s passport is mandatory.
Wife’s email ID is required.
Overseas address of the wife is required.
Copy of the marriage certificate is optional.
Copy of the husband’s ID card is optional.

Overseas Pakistani Khula Procedure

The overseas Pakistani Khula procedure is as follows:

To file a case in the Family Court, first contact a divorce lawyer in Pakistan. Provide all relevant details of your case.
Provide your lawyer with all the relevant documents required to file a case in Pakistan.
After the payment of legal fee the lawyer will email a special power of attorney to the wife.
Once the wife receives the Special Power of Attorney through her email, she will download the Special Power of Attorney and print the case documents. She will attach copies of her ID card and passport and get them attested by the Pakistani Embassy or Consulate in the country where she is currently residing.
Once she has attested the Special Power of Attorney, she will courier the original Special Power of Attorney to her lawyer in Pakistan.
Once the lawyer receives the Special Power of Attorney, he will get it attested by the Ministry of Foreign Affairs in Pakistan.
Once the Special Power of Attorney is attested by the Ministry of Foreign Affairs, it will authorize the lawyer to file the case in the Family Court on behalf of the wife.
Once the lawyer proves the case of overseas Pakistani Khula before the Family Court through evidence, the court will issue the Khula decree in favor of the wife.

Khula Decree Is Not Divorce

The divorce in Pakistan is not finalized when the Khula decree is issued by the Family Court. A Khula decree amounts to a single divorce under family law. After obtaining the Khula decree from the court, the wife cannot proceed with her next marriage. Neither can she perform Nikah nor avail the services of court marriage in Pakistan.

After the Khula decree, she has to wait for a period of 90 days, which is also the iddah period. After the completion of the iddah period, she will be issued the divorce certificate. Once the divorce certificate is issued, she can proceed with her next marriage.

The divorce certificate is the final document in the overseas Pakistani Khula procedure.

Divorce Certificate

In order to obtain the divorce certificate after the decision of the Family Court, the court decision will be submitted before the Arbitration Council through the lawyer hired through the Special Power of Attorney.

Once the court decision is submitted before the Union Council or Arbitration Council, a waiting period of 90 days, which is also the iddah period, will apply. After the completion of this period, the divorce certificate will be issued in Pakistan. Only after receiving this certificate can the wife proceed with her next marriage. This certificate is issued at the end of complete khula process for overseas Pakistani.

Khula Fees

The Khula fees for overseas Pakistani vary from lawyer to lawyer and city to city. Generally, the Khula fees in Pakistan range between 50,000 rupees and 100,000 rupees. It is always recommended to hire a professional and experienced lawyer for the Khula process for overseas Pakistanis.

In larger cities such as Lahore, the Khula fees may be comparatively lower than in other cities due to competition among lawyers. Our law firm has kept very economical Khula fees for overseas Pakistani for details you may contact our expert divorce lawyer Advocate Ali

Timeline of Khula for Overseas Pakistanis

The timeline of Khula for overseas Pakistanis is generally between two to six months. As per family law, Family Courts should decide the case within a period of six months. The law has provided a timeline for courts to decide cases within this period.

However, no lawyer can provide a fixed date or time for finalization because every case is different and every judge handles matters differently. Some cities have fewer judges and a larger number of pending cases, which can increase the timeline of Khula for overseas Pakistanis.

However, in major cities such as Lahore, a Khula case may be decided within 40 to 60 days.

The overseas Pakistani Khula procedure is explained above. However, if you still have any questions, you may contact our expert divorce lawyer in Lahore, Pakistan, Advocate Ali. We also deal with other family matters such as dowry, child maintenance, wife maintenance, and related cases.

We can also help you obtain a divorce certificate in Pakistan within a few days. We also provide services for online Nikah in Pakistan.

KHULA PROCEDURE IN PAKISTAN

Below is the complete khula procedure in Pakistan:

The case of khula is filed before the Family Court, so the very first step is to contact a lawyer and provide him with all the necessary information and documents.
The lawyer will then draft the case and file it before the Family Court.
After filing the case, the court will notify the husband that a case has been filed against him.
If the husband appears before the court, he will submit his written statement through a lawyer.
If the husband does not appear before the court, the court will proceed with the case ex parte, which means in the absence of the husband.
The court will fix a date for evidence. The lawyer will have to prove the khula case through evidence before the court. The evidence can be oral or documentary.
After the stage of evidence, the court will fix the next date for arguments. On this date, the lawyer will argue before the court and prove that the grounds for khula in Pakistan exist and that the decree should be granted in favor of the wife.
If the lawyer manages to prove the case before the court, the court will issue the decree in favor of the wife. If the lawyer fails to prove the case, then the case will be rejected by the court.
It is always recommended to hire an expert and experienced divorce lawyer in Pakistan who can prove the case before the court and obtain the decree in time.

IDDAT PERIOD AFTER KHULA

After the complete khula process in Pakistan, when the wife is issued the court decree, the iddat period of the wife starts.

This iddat period is the waiting period of 90 days for the wife.
During this iddat period, she has the option to reconcile with the husband.
After the expiry of the iddat period, the talaq in Pakistan will be finalized, and the final certificate will be issued.

KHULA PROCEDURE IN PAKISTAN BY OVERSEAS PAKISTANIS

The khula procedure in Pakistan by overseas Pakistanis is a bit different from the regular khula process in Pakistan.

When a female wants to initiate the khula procedure in Pakistan from abroad, she has to go through the following steps:

An overseas Pakistani seeking khula will first have to contact a lawyer because this case is filed before the Family Court through a lawyer. Once she contacts a lawyer, she has to provide him with all the relevant information and documents.
The divorce lawyer in Pakistan, according to the documents and information provided to him, will draft a Special Power of Attorney and email it to the female.
The wife will get this Special Power of Attorney attested by the Pakistani Embassy or Consulate of the country where she is currently residing.
Once the Power of Attorney is attested, the original will be sent by courier to the lawyer.
Once the lawyer receives the Power of Attorney, he will get it attested by the Ministry of Foreign Affairs in Pakistan.
Once the Power of Attorney is attested, the lawyer will have the legal right to file the case before the Family Court.
Once the case is filed, notices will be sent to the husband, and the husband will have the right to contest the case.
The court will fix a date for evidence, and the lawyer will tender oral and documentary evidence before the court to prove the grounds of khula in Pakistan.
After the evidence, the court will fix a date for arguments. At this stage, the lawyer will argue the case and prove it. If the case is proved, the court will issue the decree of dissolution of marriage in Pakistan in the favor of the wife; otherwise, the court will dismiss the case.

WHAT ARE THE GROUNDS OF KHULA IN PAKISTAN?

According to the Muslim family law ordinance, a wife needs specific grounds, which she has to prove before the court through a lawyer in order to obtain a decree for dissolution of marriage in Pakistan.

Below are the grounds of khula in Pakistan provided by law:

Non-maintenance by the husband
Physical torture by the husband
Cruelty of the husband
Second marriage of the husband
Imprisonment of the husband
Husband kicked the wife out of the house
Husband changed religion
Husband is of bad character
Whereabouts of the husband are not known
Husband stops the wife from performing religious activities
Husband is impotent
Wife has developed hatred against the husband

DIVORCE PROCEDURE IN PAKISTAN

If a male in Pakistan wants to give divorce to his wife, then he will have to adopt the following divorce procedure in Pakistan:

He has to draft a divorce deed, either personally or through a lawyer.
He will post a copy of this deed to the wife and submit the original to the Union Council.
The Union Council will send notices to both the husband and the wife to appear in person before it.
The Council will also ask both the husband and the wife to bring at least two male family members from both sides to facilitate reconciliation between them.
The reconciliation effort will continue for at least 90 days. There is no maximum limit provided in family law, due to which it is often misused.
If reconciliation succeeds, both the husband and the wife can rejoin.
If reconciliation fails, then the certificate of divorce will be issued.

DIVORCE PROCEDURE IN PAKISTAN FOR OVERSEAS PAKISTANIS

If you are abroad, then you have to follow the following divorce procedure in Pakistan for overseas Pakistanis:

If you are an overseas Pakistani and cannot come to Pakistan, then you have to hire the services of a divorce lawyer in Pakistan.
Once you hire the divorce lawyer, the lawyer will email you the divorce deed and the Special Power of Attorney.
You have to get this Special Power of Attorney attested by the Pakistani Embassy or Consulate. Sometimes attestation from the Embassy is not required, so always consult your lawyer first.
Once the lawyer receives your Power of Attorney and the divorce deed, he will send a copy of the divorce deed to the wife and submit the original to the Union Council.
The Council will send notice to the wife and the lawyer. The Council will also ask the wife to appear before it with two male family members to facilitate the reconciliation effort.
The lawyer will legally represent the overseas client.
In case reconciliation fails, you will be issued the certificate of talaq in Pakistan.

NOTE

Many things in the country are beyond the books of law, so always consult your lawyer first.

Our law firm can also get you the certificate of talaq in Pakistan in just one week.