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What are conjugal rights? Why file the suit for restitution/restoration of conjugal rights? Contact us if you want the service of a Family lawyer for filing suit for restitution/restoration of conjugal rights in the family courts in Karachi, Islamabad, Rawalpindi, and other cities of Pakistan.
Islam and Pakistani law recognize marriage as an institution that gives a man (the husband) the privilege of living with his wife in a conjugal (sexual) relationship (as long as it’s within the limits of Islam and Pakistani law). Also, the wife has the legal right to live with her husband (provided that it is her choice and that it is safe within the laws of the country and within her religion), and she has the legal right to receive financial support from him (which is her right under the law).
In Pakistan, the Restitution of Conjugal Rights (RCR) provision appears in the personal laws of Muslims, Hindus, Christians, and Parsis. In the RCR, couples have an opportunity to reconcile a troubled marriage through a process of mediation. An individual can invoke this provision when one spouse leaves the marital home, and his or her spouse can legally demand the other spouse to return to the marital home.
A legitimate or lawful reason for leaving the marital home may be used as a defense to its execution. It was first used in Christian marriage law, followed by Islamic and Hindu, as well as Parsi marriage law – all of which used religious arguments in support of it. In the subcontinent, it was historically inherited from the British Raj, as well as several other colonies that have since repealed the provision.
According to Pakistani law, the provision does not discriminate according to gender, meeting a formal equal opportunity requirement. Despite this, the provision has continued to be disproportionately used by men against women, which in turn demonstrates the provision’s discriminatory and anti-woman nature, thus not providing substantive equality. From this discourse, it emerges that there are two views of conjugal rights; i.e., conjugal rights are a means by which couples can reconcile, or conjugal rights are a means for men to control or intimidate women. Is the legal provision of RCR still relevant in Pakistan’s contemporary legal system and modern society? Is it still a valid legal provision under Pakistan’s current legal system and civil code?
Pakistan is a sensitive country when it comes to restitution of conjugal rights. The matter that is used during the initial stages of a marriage between a husband and wife is straining. The usual scenario is that one party leaves the house (usually the woman) while the other stays left alone. Marriage is typically on the verge of ending in Pakistan when Restitution of Conjugal Rights is filed, and the couple seeks legal guidance.
Under the Family Courts Act 1964, if either party is deprived of their rights, they have the right to file a case, seeking the restoration of those rights. If they are unable to resolve their differences and issues, they can mutually divorce, the husband can file for divorce through talaq, or the wife can file for divorce via Khulla. A husband can seek Restitution of Conjugal Rights if his wife leaves the house voluntarily. The wife may also file for restitution of conjugal rights if she was forced to leave the house.
Conjugal Rights in Family Law as a Muslim couple, everyone has certain rights under Pakistani Family Law. If any of these rights are violated, then either an aggrieved party (such as a husband or a wife) can seek redress from the court The situation will be rectified. When a man leaves the marital home, under Pakistani Family Law, he is still responsible for paying his wife and children’s maintenance. A woman is not entitled to maintenance if she leaves the marital home.
As the family courts of Pakistan are approached to resolve such a delicate matter, their jurisdiction is very limited. This is because Family Courts can’t force spouses to live together. As a result, courts can act as a mechanism for reconciliation. The spouses can use the platform together. How both parties conduct themselves will also be evaluated. The court’s decision will be reflected in their statements and replies. Written Statements for Conjugal Rights in Pakistan Whenever an issue leads to a legal case, the husband and wife should state all the issues at the forefront of the case. Typically, these are issues that have led to physical separation. The reason for her departure from the marriage should be stated when the wife leaves the home. She left on her own volition, so if she didn’t have an actual reason to leave, the man may not be forced to pay her maintenance. In any case, the husband would still have to pay child support to his children. Grounds for Appeal on Restitution of Conjugal Rights Depending on the situation, a woman may leave her marital home because of domestic violence, poor behavior (for example, committing adultery, drinking alcohol, gambling, etc.), planning to take another wife (without the first wife’s consent), having not paid the Haq Mehr, or, if an invalid marriage was established (e.g., a forced marriage).
If the facts above are proven, then the court’s judgment would not go against her, as she has an obligation to be safe and live a legal and moral life. Because of this, if the verdict goes against her, she can appeal the judgment on these grounds.
In the event the court finds the woman guilty, then the situation would be that if the wife refuses to return to the marital residence (for no real reason, as explained), the wife would lose her ability to claim monthly financial support from her husband. If a court decides in her favor (with regard to the maintenance award) she becomes entitled to receive payments from her husband (back-dated arrears, present, and future).
Normally, in Pakistan, the restitution of conjugal rights is filed when the marriage is on the verge of dissolution, and the couple needs judicial assistance.
