DIVORCE PROCEDURE FOR OVERSEAS PAKISTANIS:

Marriage is a legal contract which confer legal rights and obligations upon husband and wife. Some of these rights and obligations are expressly detailed in law and some are not but are implied from marriage relationship. Nonetheless, neither husband nor wife can be forced to live under the bond of marriage without free will and consent.

Where husband wish to dissolve marriage relationship with wife, procedure for divorce provided under Section 7 of the Muslim Family Law Ordinance, 1961 is required to be followed. Procedure of divorce for husband living in Pakistan is different from husband who is overseas Pakistani. In this article we will explain the most effective and time efficient procedure that Overseas Pakistani husband can follow to divorce his wife.

DIVORCE PROCEDURE TO BE FOLLOWED BY OVERSEAS PAKISTANIS

Divorce procedure to be followed by Overseas Pakistani husbands is detailed herein below:

• Overseas Pakistani Husband will have to execute Written divorce Deed. It is recommended to consult an expert divorce lawyer who will draft the divorce after examining the facts of your case.
• Divorce Deed must be signed and got attested from Pakistani Consulate near you. (Divorce Deed must be on plain paper)
• Divorce must be marginally witnessed by atleast two (2) witnesses.
• Divorce Deed once attested must be sent to Pakistan to be filed before Arbitration Council for initiating the procedure for issuance of Divorce Certificate. It must be accompanied with Application to Chairman Union Council to constitute Arbitration Council for initiating the Divorce Procedure.
• For filing the Divorce Deed before Arbitration Council, Overseas Pakistani Husband is also required to execute Special Power of Attorney in favor of some trustworthy and responsible representative in Pakistan who can represent husband during the divorce proceedings before Arbitration Council when so required. (Representative can also be your professional lawyer who can make representation when necessary and get the Divorce Certificate issued.
• Upon lapse of 90 days period if no settlement takes place between husband and wife, Divorce Certificate is issued by Arbitration Council. To learn more about of Divorce Certificate click on link (HYPERLINK)

Same procedure is to be followed by Overseas Pakistani wife who has been delegated with right of divorce by husband in Nikahnama.

WHAT HAPPENS IF VERBAL DIVORCE IS GIVEN

Verbal divorce has no value under laws of Pakistan. This means that all rights that wife is entitled to under the relationship of marriage, can still be enforced by action of law including financial maintenance support etc.

WHAT IF PROCEDURE DETAILED ABOVE IS NOT FOLLOWED?

Every document executed outside Pakistan must be got attested from the Pakistani Consulate and must be got attested from Foreign Affairs Office of Pakistan, without having the attestation from Pakistani consulate, documents is not deemed admissible under law. This means that divorce deed signed by husband must be got attested from Pakistani consulate without which the Divorce Certificate will not be issued by Arbitration Council.

Expert divorce lawyers at Khadija Law Associates have great deal of experience in dealing with divorce matters. We will not only draft Divorce Deed and Special Power of Attorney but our trusted associates can also be given the authority and power to represent you before the Arbitration Council. All you need to do is to contact us and we will take up the matter till the Divorce Certificate is issued to dissolve marriage relationship.