Pakistan Court Case for Marriage Termination from Outside Country

A Pakistan court case for marriage termination from outside the country is possible by hiring the services of a divorce lawyer. The lawyer will represent the client while he or she is abroad.
The divorce Lawyers in Pakistan are the ones who can represent a client and provide legal services while a husband or wife is not in the country.
In order to hire the services of a lawyer, you need to authorize the lawyer through a Special Power of Attorney. This Special Power of Attorney should be attested by the Pakistani Embassy or Consulate in the country where you are residing.

What Is Marriage Termination?

Marriage termination is to declare a marriage null and void or to declare a marriage illegal.
The termination of a marriage is not divorce. There is a difference between divorce and termination of marriage.
Termination of marriage means declaring the marriage itself illegal, as if no such marriage had ever taken place, whereas in the case of divorce or Khula in Pakistan, the client admits the marriage but wants legal proceedings to end that marriage.
The ending of the matrimonial bond between the spouses is called divorce or Khula in Pakistan, whereas the termination of marriage is to declare the marriage null and void or void ab initio.

Can a Marriage Be Terminated from Abroad?

Yes, a marriage can be terminated from abroad.
In order to file a case in any country, either you need to be present in that country or you need to hire the services of a lawyer who can represent you in legal proceedings before the court in your absence.
The same is the case in Pakistan. If you want to initiate a court case for marriage termination from outside the country, you can do so by appointing the services of a lawyer.

What Authorizes a Lawyer?

The law does not recognize an oral authority granted by a client to a lawyer.
The courts require proof that the lawyer is authorized to represent you before the court.
Therefore, if you are in Pakistan, you have to sign a Vakalatnama in favour of the lawyer. If you are outside the country, then you have to send a Special Power of Attorney in favour of your lawyer, attested by the Pakistani Embassy or Consulate, which will authorize the lawyer to represent you in your absence.

Way to Get a Special Power of Attorney

You will not get a Special Power of Attorney from a general store or a bookshop.
When you have hired the services of a lawyer and paid the fee for legal services, the lawyer will draft the Special Power of Attorney according to your case and then send it to you.
It is the duty of the lawyer to draft the Special Power of Attorney for the client.

Attestation of Special Power of Attorney

Merely signing the Special Power of Attorney does not mean that the client has authorized the lawyer to represent him.
The court does not recognize mere signatures of the client. These signatures should be endorsed, and the document should be attested by the Pakistani Embassy or Consulate. Only then will it be accepted by the Family Courts.

On What Grounds Can a Marriage Be Terminated?

A marriage can be terminated on the grounds of forced marriage, marriage without consent, marriage between prohibited degrees of relationship, such as marriage between a mother and son, marriage with a daughter, uncle, aunt, or niece, and other prohibited relationships.
A fake marriage can also be challenged. If a marriage was registered without the signature or thumb impression of the husband or wife, then the marriage itself is invalid, and after the court’s order, it will be treated as if no marriage had ever taken place.
The marriage certificate in Pakistan will cancelled after the court orders.

Contact Our Expert Divorce Lawyer

You may consult a lawyer regarding how you can file a case in Pakistan.

The Pakistan court case for marriage termination from outside the country is explained above. However, if you still have any questions, you may contact our expert divorce lawyer in Lahore, Pakistan, Advocate Ali.