Monday, 3 September 2018

Haqooq e Zojiat Case

Its a kind of Family Case having different names in practice. Its legal name according to the West Pakistan Family Courts Act 1964 is "Suit for Restitution of Conjugal Rights". However in most of Pakistan it is famous as "Bazu Dawa", "Haqooq e Zojiat" and "Zan Ashoi" Case.

As the name suggests this case is filed for the purpose of exercising the matrimonial rights which are denied by one of the spouses. On passing of decree the court has to decide whether the defendant should be ordered to live with the plaintiff or not.

A fact is that no one can be forced to live with the other person against his/her will. In this context a restitution suit always has weak footings. The most common benefit of filing this suit is that if a wife refuses to live with her husband, she loses her entitlement to maintenance.

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