Law Judgement

 2023 SCMR 246 SUPREME-COURT

Mst. TAYYEBA AMBAREEN VS SHAFQAT ALI KIYANI

S. 5 & Sched.--Suit for restitution of conjugal rights- Approach to be adopted by Courts when deciding such suit- -Husband, duty of-Scope---When a husband claims restitution of conjugal rights in response to the suit for dissolution of marriage, dower, dowry and maintenance filed by the wife, it is an onerous responsibility of the Court to see whether he is sincerely fulfilling his obligations towards his wife, rather than gratifying the urges of male chauvinism---Lodging of claim for restitution of conjugal rights should not be used as weapon to defend or obstruct the claim of dower or maintenance allowance, but must be lodged in good faith and with a bona fide intention to reconcile and rectify the issues between the spouses in order to save the matrimonial tie with magnanimity, kindness and through the fulfillment of the husband's obligations and not as a tool to fight out or frustrate the claim of maintenance allowance or dower amo

unt.