By Admin 
Sarabjeet Kaur Case: A recent case has drawn attention to a strange legal situation on the India-Pakistan border. Actually, Indian citizen Karnal Singh has approached the Lahore High Court of Pakistan for legal relief in the case of his wife Sarabjit Kaur. In his petition, Karnal Singh has requested to declare his wife’s second marriage with Pakistani citizen Nasir Hussain invalid and send her back to India. Meanwhile, let us know whether Indian citizens can file a case in Pakistani court?
Legal right of foreign citizens to go to court
Under the legal system of Pakistan, foreign citizens are fully allowed to file civil cases in the local court. Pakistan’s Code of Civil Procedure gives this legal right and it applies equally to Indian citizens as well as foreigners.
As long as the dispute falls under Pakistani law or involves incidents that occurred within Pakistan’s jurisdiction, foreign nationals can take legal action through the country’s courts. In simple words, the legal rights given to foreigners are similar to the rights given to Pakistani citizens in civil matters.
Role of Civil Procedure Code
The Code of Civil Procedure controls the process of civil litigation in Pakistan. It is worth noting that Pakistan and India have inherited similar legal frameworks from the British colonial period. For this reason, many provisions of CPC are quite similar in both the countries.
This similarity often makes it easier for lawyers familiar with Indian law to understand the procedural rules in Pakistan. The CPC explains how cases are filed, how evidence is presented and how courts handle disputes between parties.
Pakistani lawyer’s appointment
No Indian citizen can file his case directly in Pakistani court without special permission. They will have to appoint a lawyer who is registered with the Pakistan Bar Council. This authorization is usually given through power of attorney. This allows a Pakistani lawyer to file documents, attend hearings and fight the case of an Indian citizen in court proceedings.
To initiate a case, a lawyer prepares a formal legal claim called a plaint. In this document, the facts of the case, the existing evidence and the specific relief being sought from the court are explained. To file a case, a copy of a valid passport has to be provided to verify identity and nationality.
Along with this, the plaintiff will also have to give a Vakalatnama which formally authorizes the lawyer to represent him. Along with this, an affidavit confirming the factors of the case is also necessary.
Visa required for personal appearance
If the court asks the Indian citizen to appear personally during the proceedings, he will also have to obtain a valid Pakistan visa. This could be a visit visa given for legal purposes.
Along with this, in some cases Pakistani courts can ask foreign litigants to deposit a security amount. Which is called security for cost. This method is to protect the defendant if the plaintiff loses the case and cannot afford the litigation costs.
Although there are legal channels for Indians to approach Pakistani courts, cross border disputes can be difficult due to diplomatic relations, visa restrictions and administrative hurdles.
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