In Pakistan, if the whereabouts of your husband are unknown for an extended period, you can seek to end your marriage through the legal process of dissolution of marriage, commonly referred to as “Khula” or judicial divorce. Here’s how you can proceed:
Legal Grounds and Process
- Grounds for Dissolution:
- Under the Dissolution of Muslim Marriages Act, 1939, one of the grounds for a woman to seek a dissolution of her marriage is the husband’s disappearance. Specifically, Section 2(i) of the Act states that a woman can seek dissolution if the whereabouts of the husband have not been known for a period of four years.
- Filing a Petition:
- You will need to file a petition in the Family Court stating that your husband’s whereabouts have been unknown for the required period. This petition should include all relevant details and any attempts made to locate him.
- Notice and Proceedings:
- The court will issue notices to your husband. If his whereabouts are unknown, the court may order public notices to be published in newspapers to attempt to inform him of the proceedings.
- If your husband does not appear or cannot be located despite these efforts, the court can proceed ex parte (in his absence).
- Decree of Dissolution:
- If the court is satisfied with the evidence presented and the efforts made to locate your husband, it can grant a decree for the dissolution of the marriage. This decree legally ends the marriage.
Additional Considerations
- Witnesses and Evidence: You may need to provide witnesses and evidence to support your claim that your husband has been missing for the required period.
- Legal Representation: It is advisable to engage a lawyer who specialises in family law to assist you with the legal process and ensure all procedural requirements are met.
Appeal Process
- Appeals: If the decree is granted, there is typically a period during which either party can appeal the decision. However, in the absence of the husband and given the circumstances, an appeal from his side is unlikely unless he reappears.
Practical Steps
- Consult a Lawyer: Engage a family lawyer experienced in handling cases of dissolution of marriage due to the absence of the spouse.
- Documentation: Gather all necessary documentation and evidence that supports your claim of your husband’s prolonged absence.
- Court Proceedings: Be prepared for court appearances and to follow the legal procedures as advised by your lawyer.
For more detailed advice and to initiate the process, you can refer to the Dissolution of Muslim Marriages Act, 1939, and consult with a family law attorney in Pakistan.
Section 3 is also important:
Notice to be served on heirs of the husband when the husband’s whereabouts are not known. In a suit to which clause (i) of section 2 applies: (a) the names and addresses of the persons who would have been heirs of the husband under Muslim Law if he had died on the date of the filing of the plaint shall be stated in the plaint. (b) notice of the suit shall be served on such persons, and (c) such persons shall have the right to be heard in the suit: Provided that paternal-uncle and brother of the husband, if any, shall be cited as party even if he or they are not heirs.
Some Useful Links on Family Law are below :
Can a wife Divorce her husband in Pakistan? (Column 18 Nikahnama)
A Primer on Child Custody, Interim Custody , Visitation and Guardianship as per Pakistani law
