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When a couple gets married, they have the right to consummate the marriage and it is also the right to cohabitation, mutual companionship, joint living under one roof, and fulfillment of reciprocal marital obligations. The consummation is the right of both the husband and the wife. If any spouse does not allow the other to consummate the marriage or if they dont live together, the other can file a case against their spouse. Sometimes the wife leaves the house and starts residing somewhere else, which affects the conjugal rights of the husband. In this situation, the husband can file a suit for restitution of conjugal rights in Pakistan. If the wife does not want to be with the husband, she can also file a case of khula in Pakistan in reply to conjugal rights. It is not good if the wife is not taking khula and at the same time not living with the husband. This case is also generally called as bazoo dawa in family court.
If the conjugal rights of the wife or the husband is infringed, then the suit for restitution of conjugal rights in Pakistan can be filed by both the husband and the wife. The conjugal rights case in Pakistan can be filed by both the husband and the wife. The family courts in Pakistan deal with the cases of conjugal rights.
The conjugal right of a husband is his right to have intimacy with his wife. If this right is infringed, he can file a suit against his wife.
Just like the husband has the right to be physical with the wife, in the same way, the wife also has the same rights. The conjugal rights of the wife are also sacred as the husband’s. She also has the right to file the case. If the husband files the case, the wife can also file the case of khula in reply.
The Family Courts, according to Part I, Entry 4 of the Schedule to the Family Courts Act, 1964, have exclusive jurisdiction to deal with cases of conjugal rights. The territorial jurisdiction is determined by the place where the wife permanently or ordinarily resides or where the cause of action arose.
A wife cannot be arrested in lieu of the execution of a court decree for conjugal rights. However, the court can attach the property of the wife and impose financial sanctions on her. The court can also forfeit the previous, current, and future maintenance of the wife in Pakistan.
The husband can use the plea of a conjugal rights decree before the Arbitration Council while obtaining permission for a second marriage in Pakistan.
In the written reply filed by the wife in a case of conjugal rights, she can also claim a Khula decree against the husband. She does not have to file a separate suit for Khula in Pakistan, as she can claim Khula in the same suit.
PLD 1955 SC 240, Mst. Rahim Jan v. Muhammad: In this case law, the Supreme Court decided that, in lieu of non-payment of the prompt dower by the husband to the wife, the wife has a legal right to refuse herself to her husband and decline to live in the matrimonial home.
2024 CLC 363, Muhammad Kabir v. Mst. Ambreen: In this case, the Supreme Court decided that the husband is under an obligation to maintain his wife. If the husband is maintaining the wife, the dower amount has also been paid, and a conjugal rights decree has also been passed in favour of the husband, but the wife still refuses to live with the husband, she enters into a state of Nushuz (wilful disobedience) and forfeits her right to maintenance during the period of refusal.
It is a common mistake that the husband thinks that the court can physically force the wife to live with him. No one can physically force a wife to live with her husband.
It is legally advised to always contact an expert family lawyer in Pakistan when it comes to cases of conjugal rights in Pakistan.
Our law firm, Qanoni Hal, deals with all kinds of family cases, especially cases of conjugal rights, overseas divorce in Pakistan, court marriage in Pakistan, and online marriage in Pakistan.
You can hire the services of a lawyer to file a suit for conjugal rights in Pakistan.
A copy of the ID card and the marriage certificate is required to file a conjugal rights case in Pakistan.
The family court in Pakistan has jurisdiction over the case of conjugal rights.
The suit for restitution of conjugal rights takes about 3 to 6 months in Pakistan.
The only ground required to file this case is that the partner is willfully not fulfilling his or her duty of intimacy. If the husband or the wife is willfully not living with the partner, then it is a valid ground.
Yes! A husband can file a case if the wife leaves home willfully.
The defenses available against a conjugal rights claim are that the husband willfully kicked the wife out of the house, or the wife doesn’t want to further live with her husband and needs khula.
Yes! The courts can enforce their decree. The court can confiscate the assets of the husband if the decree is not enforced. Family Court decree for restitution of conjugal rights cannot physically enforce or coerce a woman back to the husband’s house and the legal impact of this decree is the suspension of maintenance and defense against frivolous claims
The assets of the spouse will be attached if the spouse disobeys a decree of conjugal rights in Pakistan. The court cannot forcefully make the wife live with the husband however monetary punishments can be granted.
Yes! The conjugal rights can be claimed along with the maintenance or dower amount.
No! The conjugal rights do not affect the child custody matter. Both issues are different in nature and do not affect each other.
