Muslim law.(Restitution of Conjugal Rights)

Restitution of Conjugal Rights

1. Welcome !

2. Topic Restitution of Conjugal Rights Sayeed Hasan Khan Pathan ID : 17421111 Department Of Law

3. INTRODUCTION After marriage both husband and wife are legally bound by the law to maintain their conjugal life together. Conjugal Life denotes conjoint enjoyment of rights and conjoint obligation of duties by both husband and wife. The restitution of conjugal rights in Islamic law means restoring the marital relationship between the husband and wife. If either of the spouse depart from the other then the aggrieved spouse may acquire a statutory matrimonial relief guaranteed under the codified personal law to restore their status of the other subject to validation of certain facts .

4. RESTITUTION OF CONJUGAL RIGHTS UNDER DIFFERENT PERSONAL LAWS Muslim Marriage Act, 1939 under section 2- When either husband or wife ceases to cohabit with the spouse without just and reasonable cause then either could seek a right to restitution of conjugal rights. U nder common law If the marriage is void ( Batil ) or irregular ( fasid ) under the provisions of the Muslim Law a decree for restitution of conjugal rights will not be granted. The Divorce Act, 1869 The Christians, either husband or wife, can ask for restitution of conjugal rights under Section 32 of the Divorce Act, 1869.

5. Restitution of conjugal rights Case Reference Moonshee Buzloor vs Shumsoonissa Begum. It was observed in this case that if either party to a marriage contract has withdrawn from the society of the other without any valid reason, or has neglected to perform the marital obligations, the aggrieved party may bring a suit in a civil court for the restitution of conjugal rights . Thus, where a wife refuses to live with her husband, the husband is entitled to sue for restitution of conjugal rights .

6. CONCLUSION In summation, it may be stated that the grounds and arguments are baseless and they do not sufficiently prove that the Remedy of Restitution of Conjugal Rights is archaic, barbarous and violative of the basic Human Rights. It cannot be said that this remedy is unconstitutional. Section 9 has sufficient safeguards to prevent the marriage from being a tyranny . In truth, it serves the social good purpose, by promoting reconciliation between the parties and maintenance of matrimonial.

7. Have A Nice Day 