Islamic law:

See link:www.muslimindia.com/lm4.htm

JUDICAL PROCEEDINGS

Suit for restitution of conjugal rights:

(1) when a wife without lawful cause ceases to cohabit with her husband, the husband may sue the wife for restitution of conjugal rights.

(2) Cruelty: Cruelty, when it is of such a character as to render it unsafe for the wife to her husband's dominion, is a valid defence to such a suit. "It may be, too, that gross failure by the husband of the performance of the obligation, which the marriage contract imposes on him (section 265) for the benefit of the wife, might, if properly provide, afford good grounds for refusing to him the assistance of the court".

(3) Agreement enabling wife to live separate from the husband--- An agreement entered into before the marriage by which it is provided that the wife should be at liberty to live with her parents after marriage is void, and does not afford an answer to a suit for restitution of conjugal rights. Similarly, an agreement, entered into after marriage between a husband and wife who were for some time before the date of the agreement living separate from each other, providing that they should resume cohabitation, but that if the wife should be unable to agree with the husband, she should be free to leave him, is void, and it is not a defence to the husband's suit for restitution. But an agreement to allow a second wife to live in a separate house and to give her a maintenance allowance has been enforced.

(4) False charge of adultery by husband against wife- A false charge of adultery by a husband against his wife is a good ground for refusing a decree for restitution of conjugal rights. Buy if the charge is true, and it was made at a time when wife was actually living in adultery, it is no ground for refusing a decree for restitution of conjugal rights.

(5) Expulsion of husband from caste--- In a Bombay case, where the parties belonged to the Mussalman Kharwa community of Broach, the High Court refused to pass a decree for restitution of conjugal rights against the wife, on the ground that the husband having been expelled from the caste, the wife was not bound to live with him.

Suit for jactitation of marriage--- A suit will lie between Mahomedans in India for jactitation of a marriage. Jactitation is a false pretence of being married to another.

Suit for breach of promise to marry-In a suit by a Mahomedan for damages for breach of promise to marry, the plaintiff is not entitled to damages peculiar to an action for breach of promise of marriage under the English law, but to return merely of presents of money, ornaments, clothes and other things.

Suit for enticing away a wife -A Mahomedan husband can maintain a suit for damages against a person who persuades or entices his wife to live apart from him.