Is Physical Presence Necessary to file Case in Pakistan?
Is physical presence necessary to file a case in Pakistan? This is the question asked of our law firm by many of the Pakistanis living abroad. When a Pakistani national who lives abroad wants to file a case, he can do so without his presence in Pakistan, according to the law. The law allows filing the case from abroad, but not in all cases. To file the case from abroad, you have to consult a lawyer so that they can guide you according to the law. The physical presence of a person to file a case in Pakistan depends on the following circumstances.
CIVIL CASES:
Generally, civil cases can be filed by anyone outside Pakistan. If you are abroad and you have to file a civil case or defend a civil case in Pakistan, then you can do it without your presence in Pakistan. In some cases, you can hire the services of a lawyer through a special power of attorney attested by the Pakistani embassy or consulate of the country where you are living. Is physical presence necessary to file a case in Pakistan? This is a question asked not only by the Pakistanis abroad but also by the foreigners as well. The foreigners can also file a civil case in Pakistan without their presence in Pakistan, but for that, they have to hire an attorney in Pakistan through a special power of attorney.
The foreigner has to first get this special power of attorney attested from their ministry and then get it attested from the Pakistani embassy or consulate. Once you discuss your case with your attorney, you can provide him with the required documents. The lawyer will send you the power of attorney, which you can attest and post to the lawyer.
CRIMINAL CASES:
Generally, in criminal cases, your presence is required in Pakistan, irrespective of the fact that you are the complainant or accused. The reason behind the presence is that when a criminal case is filed at the police station, the investigation officer will have to conduct the investigation. For an investigation before the officer, the presence of the complainant and the accused is required. However, during the trial stage, the accused can go to any country he likes with the permission of the court. It is always recommended to consult a lawyer if you need detailed guidance, as your presence in Pakistan varies depending on the circumstances of the case and the law at each stage.
Divorce cases:
For the case of divorce in Pakistan, the male doesn’t need to be in Pakistan only for the reason that he wants to divorce his wife. In the same way, when a female needs a khula from Pakistan, she doesn’t have to be in Pakistan just to get a divorce from her husband. The law gives the right to both couples to get a divorce from overseas.
GUARDIAN CASES:
In the cases of child custody in Pakistan, the guardian and the child should both be present in the guardian court.
MARRIAGE:
In order to get married in Pakistan, you don’t need to be in Pakistan. You can have an online marriage in Pakistan and get it registered.
DOCUMENTATION AND ATTESTATION:
For documentation and attestation, you don’t need to be in Pakistan. You can hire the services of a lawyer. For example, if you need an unmarried certificate in Pakistan, you can hire the services of a lawyer to get it issued to you.
Whether physical presence is necessary to file a case in Pakistan depends on the circumstances and situation, for which it is recommended to consult a lawyer.
