Bill No. 19 Marriage And Divorce Bill 2009 (4) A divorce in a Bahai marriage shall become valid after one year of separation, regardless of whether the other party refuses to accept it. (5) During the year of waiting, parties to the marriage shall not enjoy their conjugal rights. 113. Dispensing with waiting period Where either party to a Bahai marriage, following the recital of the specifically revealed verse and the payment of the dowry, takes a dislike to the other before the marriage is consummated, the waiting period is not necessary prior to a divorce. PART VIII—MATRIMONIAL RIGHTS AND OBLIGATIONS 114. Conjugal rights (1) Spouses shall have conjugal rights in marriage. (2) Notwithstanding subsection (1), a spouse may deny the other spouse the right to sexual intercourse on reasonable grounds which may include— (a) poor health; (b) surgery that affects the capacity to engage in sexual intercourse; (c) child birth; or (d) reasonable fear that engaging in sexual intercourse is likely to cause physical or psychological injury or harm. (3) Where a spouse has sex with the other spouse against that spouse’s consent in contravention of subsection (2), the act shall create both criminal and civil liability, and— (a) in the case of a criminal offence, it shall be punishable on conviction by a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years or both; and 48

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