Can a suit of restitution of conjugal rights be sought under mohameddan law by husband.
Guest
(Querist) 18 February 2014
This query is : Resolved
I am sunni Muslim from Punjab and got married in 2012. My wife started a dispute on 29-01-2014 and left my house & threatened to file a dowry case & beating case. Will you please guide me whether I can file a suit of restitution of conjugal right under Mohammedan law & also intimate me under which section of Mohammedan Law I can file the same.
prabhakar singh
(Expert) 18 February 2014
The conceptualization of the provision for restitution of conjugal rights under Muslim law by Tayabji is as follows:
“Where either the husband or wife has, without lawful ground withdrawn from the society of the other, or neglected to perform the obligations imposed by law or by the contract of marriage, the court may decree restitution of conjugal rights, may put either party on terms securing to the other the enjoyment of his or her rights”
Thus the Muslims equate this concept with securing to the other spouse the enjoyment of his or her legal rights. Earlier, it was also attached with the specific performance of the contract of marriage. In Abdul Kadir v. Salima , the Allahbad High Court decided that the concept of restitution must be decided on the principles of Muslim Law and not on the basis on justice, equity and good conscience.
If the husband either deserts a wife or neglects to perform his marital obligations without any proper reason, then the wife can apply for restitution of conjugal rights. Even husband can apply for restitution of conjugal rights. But the court can refuse to grant order of restitution of conjugal rights for following reasons:
1. Cruelty by husband or in-laws
2. On the failure by the husband to perform marital obligations
3. On non-payment of prompt dower by the husband
Rajeev Kumar
(Expert) 18 February 2014
Prabhakar Sir have well explained and guided you. No cause to differ.
Rajendra K Goyal
(Expert) 18 February 2014
Well advised, agree with the expert prabhakar singh ji.
Guest
(Querist) 19 February 2014
Respected Expert,
Will you pls intimate me under which Section of Muslim law I may file application for restitutional of conjugal rights
Sudhir Kumar, Advocate
(Expert) 20 July 2014
restitution of conjugal rights application can be filed by any husband of any religion who is keen to have 498a case against him and his family.
When RCR notice is received by wife then she is forced to justify the reasons for her living separate. Then she is left with no choice but to file 498a (true or false.
Even if decree is obtained it cannot be enforced practically.
SAINATH DEVALLA
(Expert) 30 September 2015
Sr Adv Prabhakarji though back after a long time has given a clear analysis to the querist.
Advice by Adv Sudhirji should also be given importance.
Nothing more to add.
