restitution of conjugal rights

Bishwajit (Querist) 22 September 2009 This query is : Resolved
Under which act and under which section a Muslim can file a case for restitution of conjugal rights?riven

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Raj Kumar Makkad (Expert) 22 September 2009
Shariyat Act.riven

Kiran Kumar (Expert) 22 September 2009
Mr. Makkad can u pls cite the relevant provision and some explanation in this regard.riven

Raj Kumar Makkad (Expert) 22 September 2009
Plz go through a citation Shahnaj bano versus Mubarak Ali & others, 2004 (3) M & DJR 476 (Jhar) {DB}

Here a Muslim husband had filed a petition seeking restitution of conjugal rights (as the wife had refused to live with him) against her Muslim wife, decree for restitution of conjugal rights was passed by trial judge under Shariyat Act/Muslim Law and it wa withheld by DB of High Court.riven

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charudureja (Expert) 22 September 2009
Thankyou MR Makkadriven

RAKHI BUDHIRAJA ADVOCATE (Expert) 23 September 2009
Thanx Mr. Makkad for sharing ur valuable kowledge with LCI.riven

Guest (Expert) 23 September 2009
Thank you for the citation and highlighting us on the subject Mr.Makkad.riven

Adinath@Avinash Patil (Expert) 23 September 2009
I agree with Raj Makkad,s citationriven

Sachin Bhatia (Expert) 04 October 2009
I agree with Mr.Raj

Sachin Bhatia (Expert) 04 October 2009
Restitution of conjugal rights under Muslim Law:

When either the husband or the wife has without lawful cause withdrawn from the society of the other, the other party may bring a suit for restitution of conjugal rights. Such a suit is basically a suit for specific performance of the contract of marriage.
However, the wife may take the following defences for staying away from the husband viz., cruelty, non-fulfillment of marital duties, false charge of adultery, irregular marriage, non-payment of prompt dower or impotency of husband

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