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Restitution of conjugal rights in Pakistan

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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When either the husband or the wife has, without reasonable excuse, withdrawn from the society.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.

For best Legal services and its solution in Pakistan book your appointment with our staff.

Law Society Pakistan The Law Firm.

13 thoughts on “Restitution of conjugal rights in Pakistan”

  1. In conjugal rights petition, the parents or sisters of the defendant wife, can be made parties, on the bases of instigation, obstructing meeting husband and wife.

  2. Weather the restitution of conjugal rights can be filed through attorney in case of husband right…??
    Please give your legal experienced analysis.
    Than you.

  3. Wife is living at city A, while Hasband in city B. Can husband file the RCR at his city i.e B

      1. //No he have to file where wife resides.//
        What is the section/article which bounds the husband to file RCR in area where the wife resides?

  4. //No he have to file where wife resides.//
    What is the section/article which bounds the husband to file RCR in area where the wife resides?

  5. My wife has taken khula decree in october from court. Now it has been almost 3 months but she did not submit it to union council to complete the process. Now I want to start this process so that I can get the divorce certificate/reconciliation.
    I asked court to send khula decree and decision to union council to start the process of 90 days. They send it via registered post but union council is still denying and not starting the process they are of the view that your wife should submit the application then we will start. Legally I need assistance how as a husband I can start this process.?

  6. Thanks. It means once it is started. The iddat period of my wife will also started and it will last for 3 months and during this time we can reconcile.?

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