Khulla for women living abroad
Yes, a wife living abroad can usually obtain Khulla in Pakistan without moving back. Her lawyer files the suit through a Special Power of Attorney, made through NADRA's online service or at a Pakistan Mission. The suit must be filed in a court that has jurisdiction, and the Family Court decides how her own statement is recorded; she should plan for the possibility that it wants to hear from her directly.
Legally reviewed by Fahmida Naz Sheikh, Advocate High CourtLast reviewed
- Filed through
- A Special Power of Attorney
- Where
- A Family Court with jurisdiction in Pakistan
- Your statement
- As the court directs
- Afterwards
- Union Council, NADRA, certified translation
Power of attorney from abroad, step by step
For Pakistanis living abroad who need someone to act for them in Pakistan. Choose the step you are at.
Where are you now?
Decide what the attorney must do
One case, one property or one task usually needs a Special Power of Attorney. Avoid powers to sell, gift, mortgage or receive money unless they are truly needed.
Next, the lawyer drafts the document around that task.
Draft reviewed by a lawyer
Names, CNIC/NICOP numbers, the property or case details and the exact powers are filled in before signing. Never sign a blank or incomplete power of attorney.
Next, execute it through NADRA online or at the Pakistan Mission.
Execute and attest
NICOP, CNIC and POC holders can use NADRA's online service (poa.nadra.gov.pk): biometric check, online fee and a video interview with the Pakistan Mission. Otherwise, sign before the Pakistan Embassy, High Commission or Consulate. Foreign nationals first authenticate with their own government, then visit the Mission.
Next, the attested document reaches the attorney in Pakistan.
Received in Pakistan
The digital POA is verified online; a paper POA is sent by courier. If it will be used for property, stamp duty and any registration required by the province are completed here.
Next, the attorney uses it before the court or authority.
Used for the task
The attorney files the case or deals with the authority named in the document. Ask for copies of every filing and order. Revoke the POA in writing if circumstances change.
This is the last step.
Relevant Pakistani judgments
Article 199 cannot be used as a second maintenance appeal
Jawad Ahmed v. Mst. Salma and others
Issue: Can a husband use the High Court's constitutional jurisdiction to reopen past and iddat maintenance already decided by the Family Court and…
Held: No. Article 199 is supervisory, not a second appeal; it is confined to patent illegality, jurisdictional defect, perversity or material misreading or non-reading of evidence causing a miscarriage of justice. As the husband only sought a fresh assessment of the…
Art. 199, Constitution of Pakistan 1973s.14, Family Courts Act 1964
To recover gold, the wife must prove the husband’s side kept it, not only that it was given
Mohsin Ali v. Mst. Sidra Bibi, etc.
Issue: Can a decree for six tolas of gold ornaments stand on proof, or an apparent admission, that gold was given to the…
Held: No. Giving the ornaments and their later snatching or retention are separate facts, each needing proof. A suggestion put to and denied by the husband's witness is not an admission; and the husband's failure to prove he was away from…
Art. 199, Constitution of Pakistan 1973s.17, Family Courts Act 1964
Before accepting Khulla, the court must explain what the wife gives up
Adeena Naz v. Judge Family Court/Guardian Judge Lahore, etc.
Issue: Where a wife sued for dissolution on cruelty and non-maintenance, then stated in court that she wanted Khula and would return her…
Held: Not without more. Her statement was an express request for Khula, so this was not a case of the court imposing Khula, but the court still had to ensure her election was informed and voluntary. Because the record did not…
Art. 199, Constitution of Pakistan 1973s.5, Dissolution of Muslim Marriages Act 1939
Common questions
Do I have to travel to Pakistan for Khulla?
Often not for filing and most hearings, which your representative can attend. The court decides how your statement is recorded, so be ready in case it asks for you.
Can my brother or father file for me?
Yes, through a Special Power of Attorney, usually together with a lawyer. They act for you in the case; the statement that you cannot continue the marriage is yours, so ask your lawyer how the court will take it.
Where should I file if I have lived abroad for years?
Where you ordinarily reside in Pakistan or where you last lived together with your husband, depending on the facts. Your lawyer will check which court has jurisdiction before filing.
Will a Pakistani Khulla be recognised in my country?
That depends on your country's own rules. Check with the authority there, and keep certified copies and translations of every document.
Legal basis
- Family Courts Act, 1964: s.10(4)Khulla decree when reconciliation fails
- West Pakistan Family Courts Rules, 1965: r.6Where a suit can be filed
- Muslim Family Laws Ordinance, 1961: s.8Union Council procedure after the decree
- Attorney's residence and jurisdiction: 2026 LHC 7020 (our brief)
- Legal services for overseas Pakistanis (our guide)
Living abroad and want Khulla?
Tell us the country you live in and your city in Pakistan. We will explain where to file and how to sign the power of attorney.
Office hours: Mon–Sat, 9:00 AM – 10:00 PM