RCR is in HMA what is for Muslim in sunni Muslim act
irfan
(Querist) 30 September 2015
This query is : Resolved
Im a sunni muslim and married to Muslim girl. Can you help me to know if my spouse is failed in her duties and left my home without reason what should I file in family court and procedure of the same. My wife didn't come since 20 months and now threatening me to lodge false cases against me.
SAINATH DEVALLA
(Expert) 30 September 2015
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“Where either the husband or wife has, without lawful ground withdrawn from the society of the other, or neglected to perform the obligations imposed by law or by the contract of marriage, the court may decree restitution of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
SHE IS AT LIBERTY TO LAUNCH 498A AND DV ANY TIME.
