What is the Procedure for Seeking Restitution of Conjugal Rights?

In Pakistan, the concept of Restitution of Conjugal Rights (“بحالی حقوق زوجیت”) refers to a legal remedy provided to a spouse who is deprived of their marital rights by the other spouse without any lawful justification. This article explores the detailed procedure, legal framework, and relevant references for filing a suit for restitution of conjugal rights in Pakistan.

Legal Framework

The primary law governing restitution of conjugal rights in Pakistan is the Muslim Family Laws Ordinance, 1961, along with the procedural aspects covered under the Family Courts Act, 1964. The courts also refer to Islamic principles derived from the Quran and Sunnah to adjudicate such matters. Relevant sections of the law and references to case law strengthen the legal standing of such suits.

Quranic Perspective

Islam emphasizes the sanctity and harmony of marital life. The Quran states:

“And live with them in kindness…” (Surah An-Nisa 4:19)

This verse highlights the importance of cohabitation and mutual rights in marriage. Islam discourages unnecessary separation between spouses and encourages reconciliation where possible.

Relevant Laws and Sections

1. Muslim Family Laws Ordinance, 1961:
   • Provides the framework for Muslim marriages and associated rights.
2. Family Courts Act, 1964:
   • Section 5 of this Act empowers Family Courts to entertain suits for restitution of conjugal rights.
3. Qanoon-e-Shahadat Order, 1984:
   • Provides evidentiary rules applicable in family matters.
4. Civil Procedure Code, 1908 (CPC):
   • Governs procedural aspects, such as filing the plaint and summons issuance.

Procedure for Filing a Suit for Restitution of Conjugal Rights

Step 1: Engage a Lawyer

It is crucial to consult an experienced family lawyer. Azam Ch Advocate from Sattaria Law Associates, District Courts Okara (Chambers 220, 221, 222), is a specialist in handling such cases. Contact: +923006954414, Website.

Step 2: Drafting and Filing the Suit

The following steps are involved:

1. Preparation of the Plaint:
   • The plaint must include the details of marriage, reasons for separation, and a plea for restitution.
2. Submission in the Family Court:
   • The suit is filed in the Family Court with jurisdiction over the area where the defendant resides or where the marriage took place.

Step 3: Service of Summons

The court issues summons to the defendant, requiring their appearance on a specified date.

Step 4: Written Statement by the Defendant

The defendant submits their written response to the allegations.

Step 5: Evidence and Arguments

• Documentary Evidence: Nikahnama, witness statements, and any correspondence between the parties.
• Oral Evidence: Statements of the plaintiff, defendant, and witnesses.
• Cross-Examination: Conducted by both parties to establish facts.

Step 6: Judgment and Decree

After evaluating the evidence and arguments, the court passes a judgment. If the suit is decreed in favor of the plaintiff, the court orders the restitution of conjugal rights.

Case Law References

1. Muhammad Aslam v. Mst. Zaib-un-Nisa (PLD 1968 SC 101):
   • The Supreme Court emphasized reconciliation and upheld the decree for restitution of conjugal rights.
2. Shamim Ara v. State of UP (2002 SC 355):
   • The court highlighted the importance of mutual consent and obligations in marriage.
3. Abid Hussain v. Shahida Parveen (PLD 1994 Lahore 287):
   • Lahore High Court ruled that separation without lawful justification is grounds for restitution.

Relevant Websites for Reference

• Pakistan Law Site
• Punjab Judicial Academy
• Azam Ch Advocate

Frequently Asked Questions (FAQs)

1. What are the grounds for filing a suit for restitution of conjugal rights?
   • The plaintiff must prove that the spouse’s withdrawal from cohabitation is unjustified.
2. Can a woman file a suit for restitution of conjugal rights?
   • Yes, under Islamic and Pakistani law, both spouses have equal rights to seek restitution.
3. What happens if the defendant fails to comply with the decree?
   • Non-compliance can lead to legal enforcement, including attachment of property or other penalties.
4. How long does it take to resolve such a case?
   • The timeline varies but typically ranges from 6 months to 2 years, depending on the complexity.
5. Can restitution of conjugal rights be challenged in higher courts?
   • Yes, either party can appeal the decision in the High Court or Supreme Court.

For further assistance, contact Azam Ch Advocate, Sattaria Law Associates, District Courts Okara:

• Google Map: https://maps.app.goo.gl/qTEKtiAxwGUqdm5x7
• Mobile & WhatsApp: +923006954414
• Website: www.azamchadv.com