How to Obtain a Divorce Certificate from Abroad by Overseas Pakistani

Introduction

Navigating the process of obtaining a divorce certificate from abroad by Overseas Pakistani can be complex, especially when dealing with different legal jurisdictions. In Pakistan, the procedure for divorce, or Talaq, is governed by the Muslim Family Laws Ordinance, 1961. This article outlines the steps involved for those who are not residing in Pakistan, including both Pakistani nationals living abroad and non-Pakistani nationals whose marriage is registered in Pakistan.

Legal Framework

The Muslim Family Laws Ordinance, 1961, provides a structured procedure for pronouncing Talaq. According to Section 7 of the ordinance:

Any man who wishes to divorce his wife must notify the Chairman of the Union Council in writing immediately after pronouncing Talaq, in any form.
The husband must also supply a copy of the notice to his wife.
Failure to comply with these provisions can result in simple imprisonment for up to one year, a fine of up to five thousand rupees, or both.

Divorce Procedure for Overseas Nationals

The process becomes slightly more intricate when the husband is not a Pakistani national or if both spouses are not Pakistani nationals but their marriage is registered in Pakistan. Here are the steps involved:

1. Power of Attorney

The husband must send a power of attorney to a lawyer in Pakistan. This document authorizes the lawyer to act on his behalf throughout the divorce proceedings.

## Sample of Power of Attorney from the Husband to a Lawyer in Pakistan

Power of Attorney

KNOW ALL MEN BY THESE PRESENTS

That I, [Husband’s Full Name], son of [Father’s Name], residing at [Husband’s Address], hereinafter referred to as the “Principal”, do hereby nominate, constitute, and appoint [Lawyer’s Full Name], son of [Father’s Name], Advocate, residing at [Lawyer’s Address], and practicing at [Lawyer’s Law Firm, Address of Law Firm], as my true and lawful Attorney, hereinafter referred to as the “Attorney”, to act on my behalf in all matters relating to the divorce proceedings with my wife, [Wife’s Full Name].

Whereas:

1. I, the Principal, am desirous of initiating/continuing divorce proceedings against my wife, [Wife’s Full Name].
2. I am unable to personally attend and handle the legal proceedings due to [reason for absence, if any].

Therefore:

I, the Principal, hereby grant the Attorney full power and authority to:

1. File, sign, verify, and submit all necessary documents, petitions, affidavits, applications, and any other required paperwork related to the divorce proceedings.
2. Appear before any Family Court, Civil Court, or any other judicial or quasi-judicial authority in Pakistan on my behalf.
3. Represent me in all hearings, meetings, and negotiations pertaining to the divorce case.
4. Engage and appoint other lawyers, advocates, or legal advisors if deemed necessary for the proper conduct of the case.
5. Withdraw, settle, compromise, or take any action in connection with the said divorce proceedings, as deemed appropriate by the Attorney.
6. Collect any documents, judgments, decrees, or orders passed by the court or any other authority in relation to the divorce proceedings.
7. Perform any other act or deed necessary for the proper conduct and conclusion of the divorce proceedings.

This Power of Attorney shall remain in force until the conclusion of the divorce proceedings, unless earlier revoked by me in writing.

IN WITNESS WHEREOF, I have hereunto set my hand and seal on this [day] day of [month], [year] at [location].

Principal:

____________________________
[Husband’s Full Name]
[Husband’s Address]
[National Identity Card Number]

Attorney:

____________________________
[Lawyer’s Full Name]
[Lawyer’s Address]
[National Identity Card Number]

Witness 1:

____________________________
[Name of Witness 1]
[Address of Witness 1]
[National Identity Card Number]

Witness 2:

____________________________
[Name of Witness 2]
[Address of Witness 2]
[National Identity Card Number]

—
Note: This power of attorney should be signed in the presence of two witnesses and may need to be notarized according to local legal requirements.

2. Attestation

The power of attorney must be attested by the Pakistani Embassy or Consulate in the country where the husband is residing. This step is crucial to ensure the document’s validity and acceptance in Pakistan.

3. Legal Proceedings

Once the lawyer receives the attested power of attorney, they will proceed with the legal process according to Pakistani law. The divorce proceedings for overseas nationals are conducted in the Arbitration Council.

4. Arbitration Council Proceedings

The lawyer will handle the divorce proceedings, which typically last for a minimum of 90 days. During this period, the Arbitration Council will oversee the case, ensuring all legal requirements are met.

5. Issuance of Divorce Certificate

After the completion of the proceedings, the Arbitration Council will issue a divorce certificate. This certificate, issued by NADRA (National Database and Registration Authority), is the sole and only proof of divorce recognized in Pakistan.

divorce certificate sample issued by NADRA

Conclusion

Obtaining a divorce certificate from abroad involves a series of legal steps, particularly for marriages registered in Pakistan. By following the outlined procedure—sending a power of attorney, ensuring attestation, and conducting proceedings through the Arbitration Council—individuals can obtain a legally recognized divorce certificate from NADRA. This certificate serves as the definitive proof of divorce, ensuring that the dissolution of marriage is properly documented and recognized both within and outside Pakistan.