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Divorce From Bed and Board

DIVORCE FROM BED AND BOARD:

Divorce from bed and board is generally a separation between husband and wife. The separation between husband and wife does not mean that they are divorced. Some of the time, the husband and wife do not want to get divorced, but what they exactly need is a break, for which they may file a case for divorce from bed and board. In Pakistan, there is no such case for Muslims to file. However, in Christianity, you have to file a case of separation before filing a case of divorce in Pakistan. Christians can obtain divorce when they are living separately for a certain time period. To establish their divorce, they first file a case of separation, in which the court orders them to live separately for a certain time period when that time expires. There are only a few grounds for divorce from bed and board available in Pakistan for Christian couples. The divorce from bed and board is not a divorce in itself.

HOW LONG DOES A DIVORCE FROM BED AND BOARD TAKE?

There is no certain fixed time or date available that your lawyer can give you. Every case is a separate case, and every judge is of a separate nature. Generally, it takes about six months to get a separation decree from the court. The case of divorce from bed and board for Christians is not filed in the family court. It goes to the civil court. The civil court has different procedures than the family courts in Pakistan. Family courts in Pakistan work quicker, but the civil courts are slower as compared to the family courts. The court has to check the grounds for divorce from bed and board and then take proper evidence. Only then does the court give its judgment. Even if you get a court order on separation, it does mean that you are divorced now. Unless you have a valid divorce certificate in Pakistan, you will be considered to be married to each other.

GROUNDS FOR DIVORCE FROM BED AND BOARD:

There are certain grounds for divorce from bed and board on which you may file your case in court; some of them are as follows:

  • Insanity
  • Viral disease
  • Physical torture
  • Mental torture
  • Adultery

You need to establish your grounds through evidence in court before you get a court order for separation. The civil courts in Pakistan work through the civil procedure code of Pakistan; therefore, you have to establish your case. Having a separation decree does not mean that you are no longer husband and wife. Separation is just separation. After the separation period, you may also rejoin as husband and wife. For example, if the court orders separation for at least one year, after one year, it is your choice to reconcile and live as husband and wife together or file a divorce case after one year. Even the Muslim females in the case of Khula in Pakistan are not considered to be divorced; they can rejoin unless they have a valid divorce certificate.

 

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