Judicial Separation in Pakistan:
Judicial separation in Pakistan is the separation of both husband and wife on the orders of the court. The term Judicial separation is normally used in European countries. In Pakistan for Muslims, there is no concept of judicial separation. Muslim spouse applies for divorce as they don’t need a separation order to get a divorce. The non-Muslims apply for judicial separation in Pakistan before going into the divorce proceedings. Separation is one of the grounds for obtaining a divorce for non-Muslims. Like in Christian divorce in Pakistan, the Christians have to prove that they are not living together but if they can’t prove the separation then they have to go for a judicial separation in Pakistan first.
Judicial Separation meaning:
The judicial separation meaning includes the court’s orders ordering the spouse to live separately. Normally this order is passed for non-Muslims by the court. The separation of the spouse which is sanctioned by the court is called judicial separation. The court orders which order the spouse to stop cohabitation with each other is called judicial separation. This order of stopping cohabitation does not mean the order of divorce. The orders of divorce are not judicial separation and the judicial separation by the court is not divorce. Muslim females do not need a judicial separation order from the court to follow the procedure of khula in Pakistan.
Difference between judicial separation and divorce: The difference between judicial separation and divorce is as below.
- The judicial separation is not divorce
- Once divorced, you don’t need a judicial separation
- Muslim spouses don’t need any orders of judicial separation. The male can straight away give talaq in Pakistan to the female.
- Judicial separation is one of the grounds for divorce for non-Muslims
Grounds for Judicial Separation:
For should be legal grounds for judicial separation in Pakistan. The Non-Muslims should prove their case in court to obtain the orders of judicial separation in Pakistan. The grounds in the case of judicial separation and dissolution of marriage in Pakistan include as below.
- Desertion from the house.
- Conversion of religion.
Decree of Judicial Separation:
For the decree of judicial separation you have to file the case in court through a lawyer. The lawyer will have to prove your case and satisfy the court. The lawyer will tender evidence in court. The court based on evidence will give the decision. This decision is called the decree of judicial separation. Once you have the decree of judicial separation this decree acts as a bar for cohabitation between the husband and the wife. The process and procedure of decree of judicial separation are not considered to be the procedure of divorce in Pakistan.
Judicial Separation under Christian Law:
Judicial separation under Christian law is necessary to obtain the divorce in the next step. The Christian law demands that for the divorce both the spouse should not be living together which is very difficult to prove. As it is difficult to prove that both husband and wife are not living together for a certain period therefore normally the court orders judicial separation on the first step. The court passes the order that both spouses will be living separately for a certain period. Once this certain period is expired then the spouse can apply for the divorce in court. After the divorce, this Christian spouse can get the Nadra divorce certificate.
Apply for Judicial Separation:
The Non-Muslim spouse may apply for judicial separation in Pakistan. To apply you have to hire a lawyer who will file your case in court.
Judicial separation agreement: A Judicial separation agreement can also be drafted through a lawyer by the spouse. In case of a judicial separation agreement between the spouse, you don’t need to file a case in court.
Judicial Separation by Mutual Consent:
Judicial separation by mutual consent is possible. If there is mutual consent between the spouses, they can draft an agreement through a lawyer for this.
Legal separation before divorce: Legal separation before divorce is mandatory for non-Muslims in the court to process their divorce after this.
The Legal Separation between Husband and Wife:
Legal separation between husband and wife does not amount to divorce. Unless there is no official divorce till then they cannot further do Christian court marriage in Pakistan.