Restitution of conjugal Rights

To file a suit for restitution of conjugal rights in Pakistan, you can: 

  1. Consult a family lawyer to prepare the suit
  2. Submit the suit in the Family Court of the jurisdiction where either spouse resides
  3. Attend hearings where both parties will present their reasons for separation

The court will: 

  • Offer the opportunity of hearing
  • Notice the wife to file her written reply
  • Pass a decree directing the wife to return to the husband based on the evidence of both parties

The husband can file a suit if: 

  • The wife has gone to her parents' home or any other place without any legal reason
  • The wife refuses to perform her matrimonial obligations, including sex with the husband
  • The husband has tried to sort out the matter but the wife or her parents refused without any legal justification

If the wife refuses to comply with the orders of the Family Court, she will not be able to claim any benefit, including maintenance, from the husband. The husband can also seek permission to contract a second marriage during the subsistence of the first marriage. 

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حَسْبِيَ اللَّهُ لاَ إِلَهَ إِلاَّ هُوَ عَلَيْهِ تَوَكَّلْتُ وَهُوَ رَبُّ الْعَرْشِ الْعَظِيمِ

“Allah is sufficient for me. There is none worthy of worship but Him. I have placed my trust in Him. He is the Lord of the Majestic throne.”