Case Note The Confusing Conundrum of the Law of Restitution of Conjugal Rights under Muslim Law in Bangladesh Dr. Shahnaz Huda
The right of consortium, to live together and co-habit is considered to be one of the primary purposes of a marriage. The spouses are entitled to each other’s companionship as of right and this implies not only the legitimization of sexual relations between them but also unity of their lives and fortunes. Under the law applicable to all communities in Bangladesh, if one party to a marriage without any proper cause or reason ceases to reside with the other, it the other spouse, who is so deprived of companionship, the right to institute a suit for the restitution of conjugal rights.