Restitution of Conjugal Rights: Can a Husband Force a Wife to Return?

What happens when a spouse files for restitution of conjugal rights in Pakistan, and can the court compel cohabitation?

Under S.9 of the West Pakistan Family Courts Act 1964, a spouse can file for restitution of conjugal rights if the other spouse has withdrawn from cohabitation without reasonable cause. The court may pass a decree directing the respondent to resume cohabitation. However, the decree cannot be physically enforced — the court cannot compel a spouse to live with the other. If the decree is not complied with, the aggrieved spouse has grounds for judicial dissolution of marriage. In practice, restitution suits are often tactical — filed to establish grounds for divorce.

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