Law on a Suit for Restitution of Conjugal Rights:
During suit for restitution of conjugal rights, the law does not, however, make similar provisions for the spouses of a predeceased husband or wife. Thus the surviving spouse does not get the inheritance to which the deceased spouse would have been entitled to have that person been alive at the time of his or her parent’s demise. Similarly, these provisions do not include the share of the parents of the predeceased child.
Recommendations:
A comprehensive law is enacted to provide for the following: a. In case it is proved that the husband has willfully failed to provide maintenance for his wife for a consecutive period of six months or more, he shall be required to pay an amount, past, present, and a future amount for one year in lump-sum within three months which may be deposited in the court; he knew must also ensure that in case an appeal is preferred against the order of the family court or suit for restitution of conjugal rights is filed, the appeal shall only be heard if the husband deposits at least 50% of the decreed amount. In case the husband fails to deposit the decreed amount awarded by the court (as above) within three months, or after the appeal has been finally disposed of, whichever is later, he shall be liable to imprisonment for a term which may extend to one year. Criteria for maintenance be laid down,, including food, clothing, accommodation, medical care, and other benefits appropriate to the wife’s financial status.
Standard For Maintenance:
Standards for maintenance of children be laid down,, including food, clothing, accommodation, medical care, educational expenses, and other benefits appropriate to the family’s financial status. Provision for grant of maintenance to minors till they reach the age of 21 regardless of whether they are married or have become financially independent before that time. Provision be made granting the family court’s jurisdiction for ordering interim maintenance to the wife in case the suit is not decided within six months of its being filed; however, a proviso should be added that the same should only be done if the delay is not caused by the wife herself.
Family Court’s Jurisdiction:
Provision is made granting the family court’s jurisdiction for ordering interim maintenance for children all the earliest but certainly within six months from the filing of the suit. Schedule to section 5 of the West Pakistan Family Courts Act, 1964, be amended to delete “suit for restitution of conjugal rights.” Rule 19 of the West Pakistan Rules under the Muslim Laws Ordinance, 1961 is amended so that revisions against decisions of the Arbitration Council are heard but the Family Court.3.4. Section 4 of the Muslim Family Laws Ordinance, 1961, is amended to provide the right of inheritance to spouses from the share of their predeceased partners on the death of a parent-in-law. Similar provisions are made for the parents of a predeceased child. The husband filed suit for restitution of conjugal rights, and if the wife says that she needs khula, then the suit for restitution of conjugal rights will be converted to the khula case.
