Draft petition for restitution of conjugal rights in muslim law in which section
Answers
Muslim rights law for resitution of conjugal rights falls under general law.In modern India, the remedy is available to the Hindu people under Section 9 of the Hindu Marriage Act of indian constitution, 1955, to Muslim people under general law, to Christian people under Section 32 and 33 of the Indian Divorce Act, 1869, to Parsi people under Section 36 of the Parsi Marriage and Divorce Act, 1936 of indian constitution and to persons married according to the provisions of the Special Marriage Act, Section 22 of the Special Marriage Act, 1954 of indian constitution..
The provisions for restitution of conjugal rights are almost similar in Section 22 the Special Marriage Act, 1954 and Section 9 of the Hindu Marriage Act, 1955 of constitution. It is as follows:
When the husband or the wife , without any reasonable excuse, withdraws from the society of the other, the aggrieved party can apply, by petition to the concerned district court, for restitution of conjugal rights and the court, on being satisfied by the statements made in petition are true and that there is no legal ground why the application will not be granted, may decree restitution of conjugal rights accordingly.
In Islamic law, the husband cannot ask for the restitution of conjugal rights, in case, he has not paid the dower money to the wife. In simple words, until the wife receives her dower from the husband, she may refuse her husband for a carnal connection as per islamic rule of law.