Restitution of conjugal rights in Pakistan
What is Suit for Restitution of Conjugal Rights (Bazoo Dawa).
Marriage confers important rights and entails corresponding obligations both on the husband and the wife. Some of these rights are capable of being altered by the agreement freely entered into by the parties. But mainly, the obligations arising out of marriage are laid down by the law. In suit of restitution of conjugal rights (Bazoo Dawa) an important obligation is consortium which not only means living together, but also implies a union of fortunes.
A fundamental principle of matrimonial law is that one spouse is entitled to the society and comfort of the other. Thus, where wife without lawful cause, refuses to live with her husband, the husband is entitled to sue for the restitution of conjugal rights. And similarly, the wife has the right to demand the fulfillment by the husband of his marital duties.
The suit for restitution of conjugal rights (bazoo dawa) is often regarded as a matrimonial remedy, but at the same time, it has faced a lot of criticisms. In majority of the cases in the sub-continent, the question which arises is regarding its origin, its roots in religion and the it constitutionality.
When either the husband or the wife has, without reasonable excuse, withdrawn from the society. The aggrieved party may apply, by petition to the family court of pakistan. Suit for the restitution of conjugal rights (Bazoo Dawa). And the court, on being satisfied of the truth of the statements made in such petition. And that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
When Husband Can file Suit commonly called bazoo dawa.
When wife has gone to her parents home or any other place in existence of legal marriage without any legal reason and refused to perform her matrimonial obligation including Sex with husband. And husband tried for sort out this matter but her but wife or parent refused without any legal justification. Then husband can file file suit in family court.
And court may passed decree in favor of husband. Keep in mind Khula can not granted by court automatically unless wife demands it. Husband can save his money in shape of maintenance if wife refuses to join him in execution. And on refusal of wife to join husband, husband can get permission of second marriage from union council on the basis of court degree.
When Wife can file Suit of restitution of conjugal rights
Where a question arises in suit for the restitution of conjugal rights (Bazoo Dawa) whether there has been reasonable excuse for withdrawal from the society. The burden of proving reasonable excuse shall be on the person who has withdrawn from the society. If you have any problem relating to your spouse contact us for legal consultation.
Husband and wife are bound to perform their right according to laws and obligation. And if one of them is denying the conjugal rights then the other can file a petition to for its restoration.
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