Husband divorces his wife from abroad

If a husband divorces his wife from abroad and does not give her right to dowry, can the wife take legal action against him?

ANSWER:

Yes. A husband divorcing his wife from abroad does not deprive her of her legal rights under Pakistani law.

If the husband fails to return the wife’s dowry articles (Jahez), Haq Mehr (Dower), maintenance (where applicable), or any other property belonging to her, the wife can file legal proceedings in the Family Court in Pakistan, even if the husband is residing overseas.

Depending on the facts of the case, she may file a suit for:

• Recovery of dowry articles (Jahez)
• Recovery of Haq Mehr (Dower)
• Recovery of maintenance (if legally payable)
• Child maintenance and custody, if children are involved

If the husband has already pronounced divorce from abroad, he must also comply with the legal requirements of Pakistani law, including sending the notice of divorce to the concerned Union Council. Failure to follow the prescribed procedure may have legal consequences.

Need legal assistance?
Pak-Lawyer Associates regularly represents overseas Pakistanis and can assist with divorce, dowry recovery, dower, maintenance, and family litigation throughout Pakistan.