Wasim Law Services
RESTITUTION OF CONJUGAL RIGHTS
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Important Case Laws
2013 Y L R 2616
WHAT IS RESTITUTION OF CONJUGAL RIGHTS?
A Nikahnama, which is a legally binding agreement between a husband and wife, grants the parties rights and obligations. In addition to the fiduciary duty that a husband and wife have to each other, Pakistani family laws guarantee certain legal rights that each spouse has. Among those legal rights is the husband's obligation to maintain his wife. The wife must fulfill her marital duties in return. If the wife neglects her part of the marital duties, the husband can apply to the court for an order against the wife to restore the rights of the marriage.
IF A WIFE DOESN'T PERFORM HER PART OF THE MATRIMONIAL OBLIGATIONS, WHAT HAPPENS?
The husband is entitled to file a lawsuit in the Family Court to seek restitution of conjugal rights in any situation when the wife refuses to reside with him while the Nikah is still in effect. Family Court will give the wife a chance to be heard and notify her to submit a written reply. The court issued a decree directing to return to the husband based on the testimony of the wife and husband.
Who Can File a Child Custody Case in Court?
Either spouse—husband or wife—may file a case if: Their spouse has left the matrimonial home without justification They are legally married under Pakistani law (registered nikah nama) The aggrieved spouse is willing to resume marital duties
IF A COURT REFUSES TO ALLOW A CLAIM OF CONJUGAL RIGHT IN FAVOR OF THE HUSBAND, WHAT ARE THE EXCEPTIONS?
As previously said, a wife cannot reside apart from her husband during the Nikah. If a wife has decided to live apart from her husband, she needs to obtain a Khula from the court to end the marriage. In such a situation, the husband loses his right to demand marital restitution from the wife. In certain instances, the court may decline to grant the husband recovery of the conjugal rights where the wife provides convincing proof that her failure to fulfill her obligations as a married woman is the result of her husband's legal rights being violated.
Which COURT IS restitution of conjugal rights is FILED?
Bazoo Dawa must be filed in the Family Court, which was established by Pakistani family law. In the Family Court under whose jurisdiction the woman currently resides, the husband may file a Bazoo Dawa. If the husband does not know the wife's current address, he may file a Bazoo Dawa with the Family Court, which has jurisdiction over the wife's last residence. Wasim Law Services' skilled family lawyers have extensive expertise in resolving family conflicts. We critically examine the particulars of every case, analyzing the facts and circumstances to formulate the best defense possible for our clients while simultaneously shielding them from opposing parties' counterclaims. Give our team of knowledgeable lawyers a call right now to discuss your family problem.
How to File a Restitution Case in Pakistan
1. Hire a Family Lawyer It’s important to hire an experienced family law advocate to file your case and represent you in court. 2. Draft and Submit the Petition Your lawyer will prepare a plaint (legal petition) with the necessary facts, including: Proof of marriage (Nikah Nama) Description of when and why the spouse left Statement of willingness to resume the marriage 3. Notice to the Other Spouse The court issues a summon to the respondent spouse to appear and answer the case. 4. Court Proceedings and Evidence Both parties present evidence. The court may: Examine witnesses Evaluate the credibility of reasons for separation Attempt reconciliation through mediation 5. Final Decision If the court finds the separation unjustified, it may pass a decree in favor of the petitioner, ordering the spouse to return to the matrimonial home.
Role of the Court: Focus on Reconciliation
Pakistani family courts emphasize reconciliation in such cases. Judges often refer the couple to arbitration councils or arrange in-camera hearings to encourage settlement. Even after issuing a decree, the court may avoid enforcing it strictly, especially in cases where emotional, physical, or moral coercion is likely.
Common Defenses by the Respondent Spouse
The spouse who has left the home (respondent) can defend themselves by showing valid and lawful reasons for their refusal to cohabit. Some common defenses include: Cruelty or domestic violence Failure to provide maintenance (nafaqah) Emotional or psychological abuse Forced marriage or lack of consent Second marriage without permission (for women) Marital obligations not fulfilled by the petitioner If the court finds that the respondent left for a valid reason, the suit may be dismissed.
Is it compulsory to live together after court orders?
No. The decree is not forcibly implemented through police, but it holds legal value in future family law cases.
Can a wife claim maintenance during this case?
Yes, the wife can file a separate suit for maintenance, especially if the husband has not fulfilled his financial responsibilities.
Relationship with Other Family Law Remedies
▪️ Khula
