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syedamzadpasha (n/a)     07 October 2008

restitution of conjugal right

can a muslim women seek the restitution of conjugal rights against her husband, husband has kept one mistress along with his but he didnot got married and but he was stating that he was not kept her as a mistress but he got married, can the first wife seek the petition against him in mohammaden law which section is applicable to that women


 12 Replies

Ajay kumar singh (Advocate)     07 October 2008

As muslim marriage is a contract,the case is to be filed for the specific performance of the terms of the marriage. Muslim woman can obviously file a case for restitution of her conjugal rights.

Asgher Mahdi (Advocate & Legal Advisor)     08 October 2008

Yes ,Muslim wife can seek restitution of conjugal rights agaisnt her husband if she proves legally wedded in the form of Nikha.As Muslim marriage is a contractual un like neptual in Hindus,the same may be disovled on the valid reasons as per sheria. In the instant case,the claims of husband that he has not kept but under gone wedding which is no harm in muslim as a muslim is allowed to 4 wives at a time.All the wives can file restitution of conjugal Rights in the event he desert each of them.

ARVIND JAIN (Advocate)     13 February 2009

ITS ALLOWED. LINE OF JUDGMENTS ON THE SUBJECT.

sarfaraz (electrical engineer)     01 February 2010

hello sir my name is sarfaraz 27 year male.my wife is living with her mother's home since 3 years. can i fille restitution of conjugal right act against her?

Alok Motan (Advocate)     01 February 2010

yes you can file restitution case ....

Alok Motan (Advocate)     01 February 2010

you can file maintainance as well........domestice voilence etc...to put pressure on him.....to reside together........

sharmilla ram (general manager)     02 February 2010

mr alok.

can u tell inwhich act he ask maint from wife.as i know that muslim husband is not intital of maint from wife.even wife is millionear n husband is begger.in muslim law husband has duty to maint to her wife.but in under 24hma husband can ask maint from wife.this is unfournate in india judicery when muslim husband ask maint then judge implement shariya law but when widivorce wife ask maint then under crpc125 law grant.if u ask why then judge reply this law isa common for all.but in this law its clear mention if wife refuse to stay with husband if husband does keep mistress or contract marraige.its ground for refusal.but in muslim if husband refuse to maintain first wife then can pass the order .if husband is ready to maintain first wife she can ask seprate house but she can not refuse to stay with husband.now u all lawyer think the law.in crpc if u pass maint of wife n justify the refusal of wife .then u ve null the second marraige.coz u can not justify maint on the ground of second marraige that time judge said its a personal law,so think the judicery in crpc 2 interpetion for maint .in crpc no one can perform second marraige without taking divorce so judge has to null second marraige of muslim men while passing order for maint. pls through some light from lawyer cumminity.

sarfaraz (electrical engineer)     08 February 2010

sir please guide me in which court should i file restitution of conjugal right?should i file this case where my wife has filed crpc125? or where now i am living at my home town? distance of both court is 50k.m. and district and state is same.where my wife has filed crpc125 is equal district court of same district. please help me

Aftab4u (PVT EMPLOYEE)     08 February 2010

Muslims can marry and have 4 wives no need to take divorse from 1st wife also.

Aftab

sharmilla ram (general manager)     08 February 2010

mr sarfraz better to give tahlaq.if u ve time then file rcr it will run 3to 5 yrs n end of the day ur hand will be emty.where ur wife filed the case same u serve notice to ur wife advocate n mention that i m giving tahlaq n pay iddat money 4month 10 days n mehar.by cheque.if lawyer will not accept money make one petion that i m paying iddat maint n mehar amount but they r not accepting money then it will come in court record.this is simple advise to u.otherwise if u ve time file rcr wait 5yrs judgement will come then wait one yr.if she will not come then she is defulter.no court will force to stay with husband.even if u file rcr u ve to pay maint.even she refuse then also pay.for descussion crpc125 clause 4 its good but for practical its bad.i m the best example my wife refused to stay with me which is mention in the judgement coz she stated i got second marraige judge asked proof she replied no proof only oral .n judge awarded maint.so better give tahlaq n permorm second marraige.coz no body knows when sc pass the order muslim can not perform second marraige.which is happened in maint.

best of luck.

Asgher Mahdi (Advocate & Legal Advisor)     09 February 2010

I will go wih Mr.Arun

Charu Sharma (student)     26 August 2010

can there be two matrimonial home.

whether employment of wife at different place than her husband is a gud excuse to live seperately ........ 

can the decree of restitution of conjugal rights be granted in such situation?


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