Restitution of Conjugal Rights in Pakistan is filed when a marriage is usually on the brink of the end, and the married couple requires judicial assistance. The institution of marriage (Including Conjugal Rights in Islam and in Pakistani law) gives the right to the man (The Husband) to have his wife living with him (as long as it’s within the limits of religion and law) in a conjugal (sexual) relationship.
The wife also has a right to live with her husband (providing it’s through her choice, and in safety within the laws of the land and religion), and for her to receive financial support from him also (Which is her legal right).
Why do people file cases for the Restoration of Conjugal Rights in Pakistan?
Restitution of Conjugal Rights in Pakistan is a sensitive matter which is utilized, mainly when a husband and wife’s marriage start straining. In the usual instance, one party leaves the marital home (usually the wife), and the other is left alone.
In the event that either party is deprived of their rights, under the Family Courts Act 1964, they are entitled to file a case, in an attempt to restore these rights. If they cannot resolve their differences and issues, they could agree to a mutual divorce, or the husband can file for Divorce via Talaaq, or the wife can file for Khulla.
If the wife leaves the house out of her own free will then the husband can file for Restitution of Conjugal Rights. Alternatively, if the wife has been forcefully been evicted from the house, she can also file for the Restoration of Conjugal Rights.
Conjugal Rights in Family Law
In Pakistani Muslim Family Law, married couples have certain rights from each other. In the event that these rights are not met, then either aggrieved parties (i.e. the husband or the wife) can approach the court for a remedy to the situation.
If a man leaves the marital home, in the eyes of the Family Law in Pakistan, he is still obliged to pay for his wife and his children’s monthly maintenance. However, if a woman leaves the marital home, she would not be entitled to her monthly maintenance.
Jurisdiction of Family Court in Pakistan
When the family courts of Pakistan are approached to resolve such a delicate matter, their jurisdiction is quite restrictive. The reason for this is that Family courts cannot force a husband or wife to live with one another.
In these circumstances, courts can act as a reconciliation platform, for both the husband and wife. The conduct of both parties, as well as their statements and replies, would reflect the court’s decision.
Written Statements for Conjugal Rights in Pakistan
In such legal cases, the husband and wife are advised to state all the issues which lead to the case. The issues that have led to physical separation. If the wife left the marriage, she should state the reasons for her departure.
If she had no real reasons to leave and left for her own reasons, then the man would not be obliged to pay for her maintenance. It is noteworthy to mention that the husband would still be obliged to pay his children’s maintenance.
Grounds for Appeal on Restitution of Conjugal Rights
A woman (the wife) can leave her marital home on the grounds of Domestic Violence, the poor conduct of the husband (i.e. if he is committing adultery, drinking alcohol, gambling, etc.), if he is looking to have a second wife (Without the first wife’s permission), if he hasn’t paid the haq mehr, or if the marriage was not a valid marriage (i.e. if it was a forced marriage).
If the factors above are proven, then the judgment should not go against her, as she has an obligation to be safe and live a legal and moral life. If for any reason, the judgment goes against her, she can appeal on these grounds.
Suit for Restoration of Conjugal Right – What are the usual outcomes?
For a man, in the event that the court makes a judgment in his favor, the outcome would be that if the wife does not return to their marital home (with no real reason to leave as we mentioned above) then the wife would lose her rights to claim her right to monthly financial maintenance from him.
For the woman, in the event that the court makes a judgment in her favor (for non-payment of maintenance) then she would be entitled to receive money from her husband (backdated arrears, present, and future payments).
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