Disobedient wife
93.
A wife shall be disobedient in any of the following cases namely: (a)
Her refraining from executing a final obedience judgment;
(b)
Cases which are disobedience and mentioned in section 75.
Execution of obedience judgment
94.(1) Obedience judgment shall not be executed by force against the wife.
(2) An obedience judgment may twice be executed by peaceful methods, as the judge may deem fit in application
of the spirit of Islamic Sharia; provided that the period application shall be one month at least.
Obedience judgment
95 Where the wife rebuts the obedience suit for non-discharge of the advance dowry, or unsuitability of the house,
or untrustworthiness of the husband, and shows the same, and her husband denies and she fails to prove and the
husband takes the oath to her same rebuttal, the husband shall be charged with evidence, and whenever he proves
his suit she shall be decreed to obey him.
Chapter III
Affinity proved
96.
Affinity shall be proved by matrimonial bed, admission or testimony.
Affinity suit
97.(1) Affinity suit may be proved by fatherhood, filiation, absolute or within a right upon the life of the defendant.
(2)
Affinity shall not be proved by fatherhood and filiations, upon death of the defendant save within a suit of
right.
(3)
No affinity attributed to others shall be proved, save within a suit of right.
Branch I
Conjugal Bed Affinity of the baby
98.
Affinity of a baby shall be proved by conjugal bed where the minimum gestation period has elapsed after
marriage contract, and meeting between the spouses is possible.
Affinity of a baby by doubtful copulation
99.
Affinity of a baby by doubtful copulation shall be proved where he is born in the minimum gestation
period, of the date of copulation.
Minimum and maximum gestation period
100.
The minimum gestation period is six months and the maximum are one year.
Branch II Admission
Proof of affinity by admission
101.
Affinity shall be proved by admission even in the death bed by the following conditions, namely: (a)
the admittee is of unknown affinity;
(b)
shall be adult and sane;
(c)
the like of the admittee may be born to the admitter;
(d)
the admittee believes the admitter whenever he is adult and sane.
Unproved affinity
102.
There shall not be proved the affinity of: (a)
the baby where the admittee is a married or divorced woman, save upon belief of the husband, or divorcor
or by testimony;
(b)
the child of a divorced widow or absent husband, where she delivers him after more than one year of the
date of divorce, death, absence, mutual separation or by the judge in an invalid marriage;
(c)
the child of an imprecated wife, where the exchanged imprecation is validly made between the two
spouses and its reason is illegitimacy; where the husband belies himself after separation affinity of the child shall
be proved.
Affinity admission
103.
Affinity admission, other than filiation, fatherhood and motherhood; shall not apply to a non-admitter, save
upon his belief, or testimony.
Suit by heirs of admitter of illegitimacy
104.
No suit by heirs of admitter of illegitimacy shall be heard, after its proof thereby by valid admission.
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