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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Sarabjit Kaur’s story sounds like the script of a Bollywood film – love across the border, 8 years of friendship on social media and then a sudden marriage in Pakistan, but there is a twist in it – allegations of forced conversion, rape and legal complications. Kaur’s Indian husband Karnal Singh has filed a new petition in the Lahore High Court demanding annulment of the marriage. This matter is not only a war between two families, but is also raising questions on the Sharia laws of Pakistan. After all, how can a married non-Muslim woman marry a Muslim man? Why are such cases so rare?

Sarabjit had reached Pakistan with a group of pilgrims

Sarabjit Kaur, a 52-year-old Indian Sikh woman, had gone to Pakistan along with about 2,000 Sikh pilgrims to celebrate Guru Nanak Dev Prakash Parv in November 2025. On 13 November, all the passengers returned to India, but Kaur went missing. A few days later, news came that she had married Pakistani citizen Nasir Hussain, accepted Islam and changed her name to Noor Fatima. Whereas Kaur was already married.

Both of them met on social media 8 years ago. Kaur’s family claims that all this happened by force, while the Pakistani side is calling it a story of love.

Sarabjit’s first husband reached Lahore High Court

Kaur’s Indian husband Karnal Singh was shocked by this incident and approached the Lahore High Court. His petition claims that Kaur’s marriage is valid under Indian law and without ending it, a new marriage cannot take place in Pakistan.

Singh alleged that Kaur’s conversion was forced and Nasir Hussain knew that she was already married. The petition has also demanded that rape charges be leveled. But the most interesting thing is that Singh has based it on the principles of the Federal Shariat Court of Pakistan.

What is the law of marrying a non-Muslim married woman in Pakistan?

Under Sharia laws in Pakistan, a married non-Muslim woman who wishes to convert to Islam and marry a Muslim man must go through a strict process. The Federal Shariat Court has made it clear in several decisions that the woman will first have to obtain judicial divorce as per the laws of her country.

Then, she must invite her non-Muslim husband to convert to Islam in the presence of two witnesses. If the husband refuses, it is necessary to observe the Iddat (waiting period) of 90 days. Only after this the first marriage is considered over and the new marriage becomes valid. Singh’s petition rests on the fact that Kaur did not take any of these steps.

Strict law on interfaith marriages in Pakistan

Experts say that such cases are rare in Pakistan, but when they happen, they create an uproar at the international level. There are complexities regarding interfaith marriages in Pakistani law. Under the Muslim Family Law Ordinance 1961 and Shariat Act 1980, a Muslim man can marry a non-Muslim woman, but if the woman is already married and is converting, the above mentioned process is mandatory.

If this does not happen, the marriage is considered illegal and the people involved may face charges of bigamy or rape. In the past years, the Supreme Court of Pakistan has shown strictness on forced marriages of minority girls.

For example, in 2023, the court asked the government for a report on such matters and directed to make new laws. But implementation is lacking. Sometimes courts rely on medical age test or conversion certificate, while families show documents like birth certificate.

What is India’s reaction on this matter?

This case has also affected India-Pakistan relations. The Indian Foreign Ministry has expressed concern over Kaur’s safety, while Pakistan says it is a personal matter. Singh’s petition is set for hearing in the court and his lawyer Ali Changeji Sandhu has said that this is a direct violation of the principles of Sharia.

If the court approves the petition, it could set an example for interfaith marriages in Pakistan. But experts warn that social pressure and threats are common in such cases, making it difficult to get justice.

Pakistan has stopped the process of sending Sarabjit Kaur, a 48-year-old Sikh woman from Punjab back to India, at the last moment. Sarabjit Kaur was found to be living illegally in Pakistan after marrying her lover, but despite the completion of preparations for deportation, Sarabjit has been detained in Pakistan.

Sarabjit went missing after reaching Pakistan on 4th November

Sarabjit Kaur went to Pakistan on 4 November 2025 with a large group of Indian Sikh pilgrims. She had reached Nankana Sahib to participate in the celebrations of the 556th birth anniversary of Baba Guru Nanak Dev Ji. But when the group returned to India after completing the pilgrimage, Sarabjit was not with them. She had disappeared in Pakistan itself.

Accepted Islam for Pakistani lover

The next day i.e. on 5 November 2025, Sarabjit accepted Islam and married her lover Nasir Hussain (who is a Pakistani citizen). After marriage, she changed her name to Noor Hussain. Both remained hidden for several days.

Meanwhile, Sardar Mohinderpal Singh, former chairman of Pakistan Sikh Gurdwara Management Committee, filed a petition in the Lahore High Court, stating that Sarabjit Kaur’s visa had expired in November 2025. That’s why they are living illegally in Pakistan.

Pakistani court asked for report

Sardar Mohinderpal Singh’s petition demanded the deportation of Sarabjit Kaur to India under the Foreigners Act 1946 and the rules of the Federal Investigation Agency (FIA). The court has sought reports from the Cabinet Division, Police Chief and other officials.

It is reported that Sarabjit Kaur and Nasir Hussain were arrested on January 4, 2026 by a joint team of police and intelligence agencies from Pehrewali village near Nankana Sahib.

Why did Pakistan ban deportation?

Petitioner’s lawyer Ali Changezi Sindhu said that the police and officials of the Evacuee Trust Property Board had handed over Sarabjit Kaur and Nasir Hussain to the FIA. Preparations for deportation were completed at Wagah Border on the evening of 5 January 2026, but at that very moment the process was stopped. Pakistani officials have not given any reason for stopping the deportation.

Special things related to Sarabjit Kaur case

• Sarabjit Kaur was named in some fraud cases in India, but she has been acquitted in all the cases.
• This matter is much discussed in both India and Pakistan and now it has become an issue between the two countries.
• Currently Sarabjit Kaur and her husband are in FIA custody. Hearing is going on in Lahore High Court.

This incident has been in the news due to the marriage and religious conversion that took place during the Gurudwara Yatra. The further situation will depend on the court proceedings.