KHULA PROCEDURE FOR OVERSEAS PAKISTANIS:

We are often contacted by overseas Pakistani women who are unable to dissolve their marriage as they are living outside Pakistan. If you live outside Pakistan and you wish to dissolve marriage through Khula, this article will help you understand the procedure to effectively dissolve marriage without personally coming to Pakistan.

Following is the Step to Step procedure through which Khula can be taken from Court without being in presence in Pakistan:

• Given Special Power of Attorney to some person in Pakistan by giving authority to file and institute suit for Khula in the Family Court in your behalf.
• Such Power of Attorney must be got attested from nearest Pakistani Consulate or Pakistani High Commission near you and mail the Special power of Attorney to your representative in Pakistan.
• Such Power of Attorney is required to be counter attested from Foreign Affairs Office by your representative.
• Your representative can now engage a lawyer on your behalf to file a Suit for Khula in Family Court and appear on your behalf when so necessary till the decision for dissolution of marriage in principle of Khula is awarded by the Court.
• After the Decision of Khula is given by Family Court, your representative will file an application before Chairman Union Council for issuance of Divorce Effectiveness Certificate.

Some of the most Frequently Asked Question by Overseas Pakistanis are as follow:

WHAT ARE THE POWERS THAT SHOULD NECESSARILY BE GIVEN TO SPECIAL ATTORNEY THROUGH SPECIAL POWER OF ATTORNEY?

It is important that Special Power of Attorney must specify each power being given to Special Attorney. For the purpose to draft Special Power of Attorney it is recommended that it must be draft by expert Family Lawyer. It is because Expert Family lawyers knows the procedure and details each power in the Special Power of Attorney as per requirement of task. If any power is not specially mentioned in the Special Power of Attorney, Court as well as the Union Council may object to entertain representation of Special Attorney and entire procedure will have to be started afresh which will waste a lot of time.

WHETHER LAWYER CAN ALSO BE A SPECIAL ATTORNEY?

Yes, if you donot trust any person to be your special attorney, we do provide our trusted associate who act as Special Attorney and make representation in your case before Court as well as Union Council till the Divorce Effectiveness Certificate is issued.

WHETHER SUIT FOR DISSOLUTION OF MARRIAGE BASIS ON KHULA IS REQUIRED TO BE FILED IN COURT?

Yes, it is mandatory for Khula claim to be filed in court. Under the Family Court Act, 1964 it is the Family Court only which has legal mandate to adjudicate Khula Claims to be filed by Muslim Wives.

WHETHER KHULA DECISION IS ENOUGH TO DISSOLVE MARRIAGE IN PAKISTAN?

No, it is mandatory that NADRA issues Divorce Certificate without which marriage is not deemed to be resolved. After the Suit of file for issuance of Khula is awarded. Judgment of Court is required to be produced before Chairman Union Council for attempt reconciliation between husband and wife. If nor settlement is made between 90 days, Divorce Certificate is issued by NADRA.