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If your marriage registered in Pakistan and you are not in the country and you want to get Divorce/ Khulla in Pakistan, you can do this without your presence in Pakistan. You shall appoint Special Power of Attorney who will work on your behalf. If any Pakistani woman who is not in Pakistan wants to get Khulla through Pakistani Court, her presence in the court is not essential, she will appoint special power of attorney who will appear before the court in her behalf. This is the way for overseas Pakistani to get Divorce/ Khulla without their presence in Pakistan.
Judicial Divorce / Khulla in Pakistan:
Dissolution of Muslim Marriages Act 1939:
Judicial khulla may also be granted without the husband’s consent if the wife is willing to forgo her financial rights.
Grounds for Judicial Divorce in Pakistan:
Grounds on which a woman may seek khulla include:
. Desertion by husband for four years,
. Failure to maintain for two years
. Husband contracting a polygamous marriage in contravention of established legal procedures,
. Husband’s imprisonment for seven years,
. Husband’s failure to perform marital obligations for three years,
. Husband’s continued impotence from the time of the marriage,
. Husband’s insanity for two years or his serious illness,
Wife’s exercise of her option of puberty if she was contracted into marriage by any guardian before the age of 16 and repudiates the marriage before the age of 18 (as long as the marriage was not consummated),
. Husband’s cruelty (including physical or other mistreatment, unequal treatment of co-wives), and
. Any other ground recognized as valid for the dissolution of marriage under Muslim law.