Wife cannot be compelled to live with her husband

18. As far as decree of restitution of conjugal rights is concerned, it has become redundant as this Court has already held that petitioner No.1 has been divorced by the respondent No.1 on 12.03.2013. Even otherwise, it has been held in “Shamshoo v. Mst. Tahira and another” (1983 CLC 133) that “a wife cannot be compelled to live with her husband even if he obtains decree for restitution of conjugal rights”. It has also been held in a case reported as “Rukhsana Tabassm v. Judge, Family Court and 2 others” (1999 CLC 878) that “a decree for restitution of conjugal rights is not absolute decree and cannot be enforced by Courts of justice.”. The said decree is a good answer to a suit for maintenance filed by wife. 

Part of Judgment : 

IN THE LAHORE HIGH COURT LAHORE

RAWALPINDI BENCH, RAWALPINDI

WP- Family Law
3045-14

2015 LHC 5006