Docility
Docility
After the marriage is performed correctly, each of the spouses (man and woman) commits to perform certain duties in front of each other. Docility actually means that the wife (woman) performs marital duties. For example, according to the Civil Code and the Family Protection Law, one of the duties of a woman is to live in a house chosen by her husband, provided that the house is chosen in accordance with the woman. Therefore, a woman’s residence in the house chosen by her husband is one of the cases of a woman’s docility.
Types of docility
Docility is in two ways:
- Special docility: Special docility means establishing a special sexual and marital relationship between couples. In fact, special docility means a woman’s docility in sexual matters and reasonable sexual intercourse with her husband.
- General docility: General docility means the wife’s general disobey to her husband in the affairs of cohabitation.
What does it mean to be delinquent?
A woman who refuses to perform marital duties in front of her husband is called a delinquent. According to the law, alimony is not paid to a poor woman.
What is the docility to obey?
If the wife (wife) for any reason does not docile her husband (general or special), then the man can file a petition for the wife to comply by referring to one of the offices of the Judicial Services. After the petition is filed, the case is sent to the family court where the wife resides through the Office of Judicial Services. It is recommended to send a statement on the subject of the wife’s docility and her return home before filing the petition for the obligation to disobey.
After referring the case to the family court, the case is sent to one of the branches, after which the hearing is determined and notified to the parties. During the hearing, the husband is obliged to prove that he has provided the house, furniture and furniture in accordance with the wife’s circumstances. At this stage, the official expert of the judiciary is appointed by the judge of the court to review the existing conditions and express his opinion.
The important point is that under no circumstances and under any circumstances can a woman be returned to her husband’s house by force or threat. In this situation, the woman is delinquent and does not deserve alimony.
Right to imprisonment
The right to imprisonment means that a virgin woman can express her docility in defense of the obligation until her husband pays her full marriage portion, she can disobey her husband. This right of the woman is called “right of imprisonment”. Some jurists believe that even if the man files a marriage portion installment petition, the woman’s imprisonment remains until the last installment of the entire marriage portion is paid. While others have the opposite view.
Duties of the couple regarding docility and payment of alimony
In the alimony court, the wife is obliged to prove that she was not illegitimate and has disobeyed her husband, but in spite of all this, her husband did not pay her alimony because Article 16 of the Civil Code states that in a permanent marriage, alimony is paid by Husband’s duties. As soon as the marriage contract takes place, the couple is obliged to perform duties towards each other. According to the law, “as soon as the marriage takes place correctly, the marital relations between the existing parties and the rights and duties of the spouses against each other are established.”
In the court of compulsion to obey, the man must also prove that the woman has refused to obey under various headings and is considered indecent. If the wife disobey her husband, she is referred to as “delinquent” and therefore does not receive alimony, in addition to the fact that her unilateral divorce petition may face many difficulties and she may not be able to get a divorce. If the man files for divorce in these circumstances, the condition of halving the property of the man and the woman will be lost.
Justified impediments of the wife for disobeying her husband
- When the man has sexually transmitted diseases, in which case the woman can refuse special submission.
- The use of the virgin woman’s right of imprisonment, provided that she has not submitted to the public.
- If the presence of a woman with her husband in the same house involves the fear of physical or financial loss or honor for the woman, the woman can choose a separate residence and if the aforementioned damage is proven, the court will not order her to return to her husband’s house, and as long as the woman is excused to return home, the alimony will be borne by the husband.
- Failure to provide a suitable home for them and their wife’s affairs.
- If a woman is menstruating, she can refrain from having marital relations with her husband.
If you have any questions about the petition and its rulings, or if you need guidance in drafting its provisions, our experienced counselors and lawyers at the Asia Lawyers Group will answer your questions.
