WHAT IS SUIT OF RESTITUTION OF CONJUGAL RIGHTS (BAZOO DAWAA) IN PAKISTAN?Nikahnama signed between husband and wife is a legal contract through which rights and obligations are conferred upon each other. Apart from fiduciary duty husband and wife hold for each other, there are some legal rights of each husband and wife which are protected under Family laws of Pakistan. Amongst those legal rights, it is duty of husband to maintain his wife. In return wife is required to perform matrimonial obligation. If wife refused to perform her part of conjugal obligations, husband can approach the court seeking direction against wife for restitution of conjugal rights.
WHAT IS CONCEPT OF CONJUGAL RIGHTS IN PAKISTAN?Right of conjugal rights is also commonly called Bazoo Dawa. It means the right of husband to live with his wife basis on marriage relationship. Wife is required to perform her part of the matrimonial obligations towards husband. It is because in Pakistan, there is no concept of separation between husband and wife during the subsistence of marriage and therefore, wife cannot refuse to offer conjugal right to husband.
WHAT HAPPENS WHERE WIFE REFUSE TO PERFORM HER PARTY OF MATRIMONIAL OBLIGATIONS?In every case where wife refuse to live with her husband whilst the Nikah is intact, husband has right to seek restitution of conjugal rights by filing the suit in the Family Court. Family Court to offer opportunity of hearing, notice wife to file her written reply. Basis on evidence of husband and wife, court passed decree directing to return to husband.
WHAT HAPPENS IF WIFE AVOID THE ORDERS OF RESTITUION OF CONJUGAL RIGHTS?If wife refused to comply with Orders of Family court and refused to return to husband, not only does the law desist her from claiming any benefit including maintenance from husband but in such sequel husband can seek permission to contract second marriage during subsistence of first marriage. In some case, Court can also proceed under Order 21 Rule 52 of CPC 1908 to attach the property of wife.
WHAT ARE THE EXCEPTIONS IN WHICH COURT CAN REFUSE TO ALLOW THE CLAIM OF CONJUGAL RIGHT IN FAVOR OF HUSBAND?As mentioned earlier, wife during existence of Nikah cannot live separately from husband. However, where wife has decided not to live with her husband, she must seek Khula from Court to dissolve marriage. In such case husband loses the right to seek restitution of marriage against wife. In some cases, court also refuse to order restitution of conjugal rights in favor of husband, were wife proves through cogent evidence that her act of not performing matrimonial obligations is a result of violation of her legal rights by husband.
IN WHICH COURT BAZOO DAWA IS FILED?Bazoo Dawa is required to be filed in Family Court established under Family laws of Pakistan. Husband can file Bazoo Dawa in Family Court in whose jurisdiction, wife presently resides. Where present address of wife is no known to husband, he can file Bazoo Dawa in Family Court in whose jurisdiction, wife last resided.
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