Suit for Restitution of Conjugal Rights
This video is all about suit for restitution of conjugal rights.
How to get back my annoyed wife in my house?
Suit for Restitution of Conjugal Rights
When either the husband or wife has, without reasonable excuse, refuses to perform metrimonial obligation, the aggrieved party may apply, by petition to the family court, for restitution of conjugal rights.
The restitution of conjugal rights is often regarded as a matrimonial remedy. As understood, the restitution of conjugal rights is a part of the personal laws of the individual, thus it is guided by ideals such as religion, tradition, and custom. A very important feature of restitution of conjugal rights to be emphasized is that it is a remedy aimed at preserving the marriage and not disrupting it, as in the case of divorce or judicial separation. So the remedy of restitution of conjugal rights tries to promote reconciliation between the parties and maintenance of matrimonial life. It tries to protect the society from denigrating.
Restitution of Conjugal Rights in Pakistan are 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.
When the family courts of Pakistan are approached to resolve such a delicate matter, their jurisdiction is quite restrictive. The reason for this is because 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.
A woman (the wife) can leave her marital home on the grounds of Domestic Violence, 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.
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