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
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