JUDICIAL SEPARATION IN PAKISTAN:
Judicial separation in Pakistan means to have court orders with a direction for the spouse to live separately. When the husband and wife don’t want to live together, they can file a case of legal separation in Pakistan. The difference between separation and divorce is that separation does not dissolve the marriage, whereas divorce means dissolving the marriage. There is no such thing as judicial separation for the spouse of a Muslim religion. The Muslims don’t have to go in this case. They can directly file a divorce case in Pakistan. For judicial separation in Pakistan, you have to file a case in court through a lawyer.
Legal separation in Pakistan means obtaining court orders in which the husband and wife are ordered to live separately. The separation law in Pakistan is for non-Muslims not for Muslims. The law debars non-Muslims from getting divorce, or khula, in Pakistan without separation orders. The husband and wife can live separately without court orders, but this will not be called a legal separation. The law for Muslims and non-Muslims is separate in Pakistan. The Muslim male or female doesn’t need court orders to obtain divorce.
Separation Law:
The separate law in Pakistan is for non-Muslims. The reason for this law is that, according to it, non-Muslims should not be living together for a certain time period in order to obtain divorce. In most cases, the couple is unable to prove that they are already not living together; therefore, the court can first order the couple to live separately for a certain time period so that they may be eligible for divorce or talaq in Pakistan. Living separately is one of the grounds for non-Muslims to obtain divorce; therefore, they first obtain the orders of judicial separation in Pakistan.
DIFFERENCE BETWEEN SEPARATION AND DIVORCE:
The difference between separation and divorce in Pakistan is as below:.
- Divorce is the dissolution of marriage, whereas separation is not the dissolution of marriage in Pakistan.
- Separation is one of the grounds for divorce, not divorce itself.
- Muslims don’t need separation orders for divorce, whereas non-Muslims may need these orders.
- After divorce, you can do a court marriage in Pakistan, but only after separation can you marry.
MUSLIM LAW:
According to Muslim law, the husband or wife can file a divorce case without this ground. Non-Muslims may require this ground of separation to obtain a divorce.
Once you have obtained the divorce, you will be granted a divorce certificate in Pakistan, which will be the sole proof that the spouse has obtained the divorce. If you just have the orders of judicial separation in Pakistan, it will not mean that you are divorced. Until you have these orders, you will be considered separated, not divorced. The orders of separation do not by any means mean that the marriage has been dissolved. If you need these orders from the court, you may contact our lawyer in Lahore.