Marriage confers important rights and corresponding obligations on both husband and wife. Restitution of conjugal rights is one of the major responsibility imposed under marriage contract.
Thus, where wife without lawful excuse, refuses to live with her husband. The husband is entitled to file a suit for restitution of conjugal rights. Similarly, the wife has also the right to demand the fulfillment by the husband of his marital duties.
When Wife Can Deny Conjugal Rights?
In Islamic law, the husband cannot ask for the restitution of conjugal rights, if he has not paid the dower money. In simple words, until the wife receives her dower from the husband, she may refuse her husband for a carnal connection.
Trends in case laws shows that whenever a wife files a suits for maintenance under section 2 (ii) of the dissolution of Muslim marriages Act 1939. The husband counters the suit by filing the suit for restitution of conjugal rights.
Below is the format of suit for restitution of conjugal right filed by husband.
IN THE COURT OF LEARNED SENIOR CIVIL JUDGE/ JUDGE FAMILY COURT, RAWALPINDI.
In the matter of:
ABC (Husband) son of DEF resident of Kaskoruna, Tehsil & District Peshawar, presently resident of Block X Rehmatabad, Chaklala Rawalpindi.
GHI (Wife) daughter of JKL resident of Adhwal P.S Chauntra, Tehsil and District Rawalpindi.
SUIT FOR RESTITUTION OF CONJUGAL RIGHTS
- That the plaintiff was married with the defendant on 27-10-2008 at Rawalpindi according to the tenets of Islam and Muslim Family Law Ordinance 1961 in lieu of 5 Tolas of gold as dower which was paid at the eve of Rukhsati.
- That in fact the defendant got married with the plaintiff with her free will, consent and without and duress as earlier defendant’s father got engaged the spouses but subsequently betrayed from his accord and deliberately attempted to give defendant’s hand to an alien and a man of old age. On that the defendant requested the plaintiff, therefore, the plaintiff rescued her and got married.
- That the defendant is a sui juris, adult and more than 19 years of age.
- That thereafter the defendant’s father became furious and extended threats of dire consequences and subsequently got registered a false, frivolous and fabricated FIR by putting wider-net and involved the plaintiff, his real brother and friend’s family just to put undue influence and pressure upon the plaintiff and his family in P.S. Chauntra bearing FIR No. 245 dated 28-10-2008 U/s 365-B PPC.
- That it is important to mention here that the defendant has recorded her statement before the competent authority / Magistrate Rawalpindi and then got recorded her statement u/s 164 Cr.P.C and thrashed out the root of the criminal case.
- That thereafter the parents of the defendant agreed with the marriage of the spouses and they offered the plaintiff and defendant to come their house just to meet the family members of the defendant. Therefore, on this request of the defendant’s father, the spouses went to the house of the defendant’s parents and they treated with the spouses happily and without showing any ill-will or bad desires.
- That the father of the defendant requested the plaintiff to allow the defendant to stay some days in his house and after 3/4 days, he may take her back. On that plaintiff came back to resume his daily life / work and after the lapse of few days, the plaintiff requested the defendant’s father to allow her to go with the plaintiff but he not only refused to hear the legitimate request of the plaintiff rather forcibly restrained the defendant without any legal justification, hence this suit.
- That the defendant is bound under legal, moral and social obligation to perform her conjugal rights in accordance with the Sharia with the plaintiff and the plaintiff for the sake and honor of her matrimonial life, bonafidely seeks to ABAD the defendant but the defendant and her family particularly her father not willing for ABADI of the defendant without any rhyme and reasons.
- That the defendant is duty bound to live with the plaintiff during the subsistence of the marriage and she cannot deny the rights of her husband.
- That after this, the plaintiff made hectic efforts even through Jirgas to bring the defendant in his house but all in vain due to the stubborn attitude of the defendant’s father.
- That the plaintiff has love and affection with the defendant from core of his heart and is willing to keep intact the matrimonial bond between the parties and seeks the defendant to return back to his house.
- That the cause of action firstly accrued when the father of the defendant forcibly restrained the defendant to perform the marital obligations with the plaintiff at his house and finally two days ago when the defendant on the behest of her father refused to perform the marital obligations, which is still continuing.
- That the parties are residents of Rawalpindi, so this learned Court has the Jurisdiction to entertain this suit.
- That the prescribed Court fee has been affixed with the plaint.
In view of above, it is humbly prayed that a decree for restitution of conjugal rights may kindly be passed in favor of the plaintiff and defendant be, directed to join the plaintiff and perform her matrimonial obligation as per law and injunctions of Islam.
Any other relief, which this Honorable Court may deem just and proper may also be awarded.
Advocate High Court
Malik Awais Alam
Advocate High Court
Verified on Oath at Rawalpindi on this Day of June 2008, that the para No. 1 to 13 are true and correct to the best of my knowledge and belief. and nothing has been concealed.