What is Suit for Restitution of Conjugal Rights (Bazoo Dawa)

What is Suit for Restitution of Conjugal Rights

Marriage is a legal contract between husband and wife which confer both moral and legal obligations upon each party to contract. It is important to understand that some of the obligations that emanate from the contract are implied which means that even though such conditions may be or not available in the Nikahnama, yet they may still have a binding effect upon either party. Having said that some of the general legal rights available to spouses during the course of the marriage are protected under the Family Laws of Pakistan. Every obligation by one spouse confers a legal right in favor of the other. During the course of the marriage the husband is bound to perform all obligations towards his wife, similarly, every wife out of other obligations is required to offer basic conjugal rights to the husband. Conjugal right is a literal sense means to include the rights to live together and perform matrimonial obligations towards the spouse.
Where the wife refuses performance on her part of the matrimonial obligations, the husband becomes entitled to file a suit for restitution of conjugal rights against his wife in Family Court. This right to file suit against the wife is available to every husband under the family law of Pakistan where the wife refuses to perform her part of the moral and legal matrimonial obligation. In case of wife cannot prove a lawful cause in the court, she can be proceeded against for such violation of the legal rights of the husband.
It is one of the remedies available to the husband to proceed against her wife for failing to perform her part of moral and legal obligation without a lawful excuse. Suit for restitution of conjugal rights is also called Bazoo Dawa. It is to be filed in Family Court by the husband. It can be filed in the Family Court of competent jurisdiction, in the territorial jurisdiction of which the wife permanently and presently resides. Case in this regard can also be filed at the last known address of the wife.
Husband in the suit of restitution of congeal rights will have to substantiate in court that he is lawfully married and that his wife is not performing her party of matrimonial obligations. The court having satisfied with a plea of the husband passes a decree for restitution of conjugal rights against the wife.

When Husband Can file Suit commonly called bazoo dawa.

In any instance where husband has left house of husband without any lawful excuse or reason, or where wife is refusing to perform matrimonial obligations towards her husband during the existence of marriage relation between husband and wife, husband can initiate a case in family court for enforcement of his matrimonial rights.
In case if decree in this regard is issued by the Family Court, and wife fails to comply the decree, in such eventuality husband becomes automatically entitled to stop maintenance or financial support to wife and can save his hard earned money. More so, on grounds of deliberate failure to comply with Court decree, husband can also opt to have second marriage and permission for second marriage will be instantly allowed to by Chairman Union Council and court may passed decree in favor of husband. These are only some benefit in favor of husband as it is not possible to discuss each and every benefit in this article.

When Wife can file Suit of restitution of conjugal rights

Matrimonial rights are equally available to both husband and wife during the course of the marriage. This means that where the husband refuses to perform his part of the matrimonial obligation, the file is also legal entitled to file the suit for restitution of conjugal rights (Bazoo Dawa). One important benefit of the decree issued by the family court in favor of the wife against the husband to which the husband fails to comply, automatically entitles her to maintenance and financial support. It is a settled law that regardless of the engaged occupation of the wife, the husband is still required to maintain her wife. The presumption is attached in favor of the wife that she is willing to perform her part of matrimonial obligation but it is the husband who is delinquent in circumstances. In any such sequel if the wife later plans to dissolve the marriage on the principle of Khula she will not have to return the dower amount to the husband after the khula procedure has been done.
Both parties as husband and wife become legally bound to perform their part of the obligation emanating from Nikah and failing to perform matrimonial obligation by either party entitle the other to seek rescue from the Family court.