If you are an overseas Pakistani and you wish to divorce your wife or obtain a decree of khula from your husband through a Pakistani family court, you can do it without your presence in Pakistan.
- (i) An overseas Pakistani husband wishing to divorce his wife (who is residing in Pakistan or whose ‘last known address’ in Pakistan is known), will execute a divorce deed and a special power of attorney, nominating any person present in Pakistan as his representative, and get these documents attested from Pakistan High Commission in the country of his stay and send these documents to Pakistan.
- (ii) The divorce deed and special power of attorney will be counter-attested by Pakistan Foreign Office.
- (iii) After attestation of these documents from Foreign Office, the representative, nominated through the special power of attorney, can file for Divorce Certificate in Arbitration Council of the area where wife is currently residing or where her ‘last known address’ is and initiate divorce proceedings.
(iv) After initiation of proceedings, the Arbitration Council takes 90 days to issue the Divorce Certificate.
A Pakistani woman residing outside Pakistan can also file a case for obtaining a khula decree from a Pakistan court without coming to Pakistan, through the following procedure:
- (i) She will execute a special power of attorney nominating any person as her personal representative. This power of attorney will be attested from Pakistan High Commission in the country of her stay and counter attested by the Foreign Office in Pakistan.
- (ii) The personal representative nominated by the wife should have power to represent her, appoint a lawyer and sign documents on her behalf for proceedings in the family court.
- (iii) The personal representative then can file a case, through a lawyer, in a family court for obtaining khula decree.
(iv) After obtaining khula decree, proceedings in Arbitration Council can be initiated for obtaining Divorce Certificate.