2023 SCMR 246
While claiming conjugal rights by a husband in response to the suit for dissolution of marriage, dower, dowry and maintenance, it is also an onerous responsibility of the Court to see whether he is sincerely fulfilling his obligations towards his wife, rather than gratifying the urges of male chauvinism. According to Paragraph 277 of Chapter XIV of “Principles of Muhammadan Law” (Ninth Edition), by D.F.Mulla under the nomenclature “Marriage” (M.Mahmood), “the husband is bound to maintain his wife (unless she is too young for matrimonial intercourse), so long as she is faithful to him and obeys his reasonable orders. But he is not bound to maintain a wife who refuses herself to him, or is otherwise disobedient, unless the refusal or disobedience is justified by non-payment of prompt (S. 290) dower, or she leaves the husband's house on account of his cruelty.” Whereas Paragraph 281 provides that “where a wife without lawful causes ceases to cohabit with her husband, the husband may sue the wife for restitution of conjugal rights”. The lodging of this claim should not be used as weapon to defend or obstruct the claim of dower or maintenance allowance, but must be lodged in good faith and with a bona fide intention to reconcile and rectify the issues between the spouses in order to save the matrimonial tie with magnanimity, kindness and through the fulfillment of the husband’s obligations and not as a tool to fight out or frustrate the claim of maintenance allowance or dower amount
While claiming conjugal rights by a husband in response to the suit for dissolution of marriage, dower, dowry and maintenance, it is also an onerous responsibility of the Court to see whether he is sincerely fulfilling his obligations towards his wife, rather than gratifying the urges of male chauvinism. According to Paragraph 277 of Chapter XIV of “Principles of Muhammadan Law” (Ninth Edition), by D.F.Mulla under the nomenclature “Marriage” (M.Mahmood), “the husband is bound to maintain his wife (unless she is too young for matrimonial intercourse), so long as she is faithful to him and obeys his reasonable orders. But he is not bound to maintain a wife who refuses herself to him, or is otherwise disobedient, unless the refusal or disobedience is justified by non-payment of prompt (S. 290) dower, or she leaves the husband's house on account of his cruelty.” Whereas Paragraph 281 provides that “where a wife without lawful causes ceases to cohabit with her husband, the husband may sue the wife for restitution of conjugal rights”. The lodging of this claim should not be used as weapon to defend or obstruct the claim of dower or maintenance allowance, but must be lodged in good faith and with a bona fide intention to reconcile and rectify the issues between the spouses in order to save the matrimonial tie with magnanimity, kindness and through the fulfillment of the husband’s obligations and not as a tool to fight out or frustrate the claim of maintenance allowance or dower amount
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