Divorce/ Khula Procedure For Overseas Pakistanis
1. Divorce Procedure for Overseas Pakistani Husband:
(i) An overseas Pakistani husband who wishes to divorce his wife, who is either residing in Pakistan or whose last known address in Pakistan is known, should execute a divorce deed and a special power of attorney. The special power of attorney nominates a person present in Pakistan as his representative.
(ii) These documents (divorce deed and special power of attorney) should be attested by the Pakistan High Commission in the country where the husband is staying.
(iii) The attested documents should then be counter-attested by the Pakistan Foreign Office.
(iv) Once the documents are attested by the Foreign Office, the representative nominated through the special power of attorney can file for a Divorce Certificate in the Arbitration Council of the area where the wife is currently residing or where her last known address is.
(v) After the initiation of proceedings, the Arbitration Council typically takes 90 days to issue the Divorce Certificate.
2. Khula Procedure for Overseas Pakistani Wife:
(i) A Pakistani woman residing outside Pakistan can also file a case to obtain a Khula decree from a Pakistan court without physically coming to Pakistan. To do this, she needs to execute a special power of attorney nominating a person as her personal representative.
(ii) The special power of attorney should be attested by the Pakistan High Commission in the country where the wife is staying.
(iii) The attested special power of attorney should be counter-attested by the Pakistan Foreign Office in Pakistan.
(iv) The personal representative nominated by the wife should have the power to represent her, appoint a lawyer on her behalf, and sign documents for proceedings in the family court.
(v) The personal representative can then file a case through a lawyer in a family court to obtain the Khula decree.
(vi) After obtaining the Khula decree, proceedings in the Arbitration Council can be initiated to obtain a Divorce Certificate if needed.
It's important to note that legal procedures may evolve and vary, so it's advisable for overseas Pakistanis to consult with a lawyer who specializes in family law in Pakistan and is familiar with the current legal requirements and processes. Additionally, ensuring that all documents are properly attested and authenticated is crucial to avoid any legal complications during the process.