Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Court for Divorce and Matrimonial Causes
Hist. A court exercising jurisdiction over family issues, such as legitimacy and divorce. ( The Court, which was established in 1857, acquired the matrimonial jurisdiction previously exercised by the ecclesiastical courts. It consisted of the Lord Chancellor, the Chief Justices of the Queen's Bench and Common Pleas, the Chief Baron of Exchequer, the senior puisne judges of the last three courts, and the Judge Ordinary. In most instances, the Judge Ordinary heard the cases. The Judicature Act of 1873 abolished the Court and transferred its jurisdiction to the Probate Divorce and Admiralty Division (now Family Division) of the High Court of Justice.
Divorce
The legal dissolution of a marriage by a court. - Also termed marital dissolution; dissolution of marriage. Cf. ANNULMENT.
Mexican divorce
See DIVORCE.
Mexican divorce.
A divorce obtained in Mexico by mail order or by the appearance of one spouse who does not have a Mexican domicile. ( Neither type is recognized in the United States.
Parliamentary divorce
A divorce decreed by Parliament or a legislative act, as opposed to a court. - Also termed legislative divorce.
Uniform Divorce Recognition Act
A uniform code adopted by some states regarding fullfaith-and-credit issues that arise in divorces.
bifurcated divorce.
See divisible divorce under DIVORCE.
divisible divorce
See DIVORCE.
divorce a mensa et thoro
[Latin "(divorce) from board and bed"] A partial or qualified divorce by which the parties are separated and forbidden to live or cohabit together, without affecting the marriage itself. ( This type of divorce, abolished in England in 1857, was the forerunner of modern judicial separation. - Also termed separation a mensa et thoro; separation from bed and board "[The Ecclesiastical Courts] grant also what is called a divorce a mensa et thoro, or rather what we should call a judicial separation, i.e. they release the parties from the duty of living together on grounds of cruelty or misconduct .... " William Geld
divorce a vinculo matrimonii
[Latin "(divorce) from the chains of marriage"] A total divorce of husband and wife, dissolving the marriage tie and releasing the parties wholly from their matrimonial obligations. ( This type of common-law divorce, which bastardizes any children from the marriage, is granted on grounds that existed before the marriage. In England, the Matrimonial Causes Act of 1857 introduced statutory divorce a vinculo matrimonii.
divorce proctor
A person (such as a guardian) who is appointed to protect the interest of the state or children in a divorce action. D.J. See district judge under JUDGE.
ex parte divorce
A divorce proceeding in which only one spouse participates or appears in court.
foreign divorce
See DIVORCE.
hotel divorce
A form of collusive divorce -occurring before widespread passage of nofault divorce laws - in which the spouses agree to fake an adultery scene to create "fault." Cf. no-fault divorce"Clearly a lawyer may not originate or participate in a scheme to make it appear to the court that a ground for divorce has occurred when this is not the fact. Such is the case in the so-called 'hotel divorces,' prevalent in jurisdictions where adultery i
hotel divorce.
See DIVORCE.
legislative divorce
See DIVORCE
legislative divorce. Hist
1. The legal termination of a particular marriage, enacted by the legislature rather than by a court. o Legislative divorces once existed in New England, but now courts perform all divorces. 2. See parliamentary divorce.
limited divorce
1. A divorce with no provision that one spouse must provide financial support to the other. 2. Loosely, a legal separation.
mail-order divorce
A divorce obtained by parties who are not physically present or domiciled in the jurisdiction purporting to grant the divorce. ( Such a divorce is not recognized in the United States because of the absence of the usual bases for jurisdiction.
migratory divorce
See DIVORCE.
no-fault divorce
See DIVORCE.
parliamentary divorce
See DIVORCE.
pro-con divorce
An uncontested divorce granted after only the plaintiff appears at the proceeding (since the defendant contests nothing).
rabbinical divorce
See DIVORCE. race act. See RACE STATUTE.