“(5.) That she detests her husband.
“(6.) That the husband ill-treats her frequently (unless such ill-treatment is actually proved, which would justify the Kazi to grant a separation).
“The obligation of the woman, however, to live with her husband is not absolute. The law recognises circumstances which justify her refusal to live with him. For instance, if he has habitually ill-treated her, if he has deserted her for a long time, or if he has directed her to leave his house or even connived at her doing so, he cannot require her to re-enter the conjugal domicil or ask the assistance of a court of justice to compel her to live with him. The bad conduct or gross neglect of the husband is, under the Mussulman law, a good defence to a suit brought by him for restitution of conjugal rights.
“In the absence of any conduct on the husband’s part justifying an apprehension that, if the wife accompanied him to the place chosen by him for his residence, she would be at his mercy and exposed to his violence, she is bound by law to accompany him wherever he goes. At the same time the law recognises the validity of express stipulations, entered into at the time of marriage, respecting the conjugal domicil. If it be agreed that the husband shall allow his wife to live always with her parents, he cannot afterwards force her to leave her father’s house for his own. Such stipulation in order to be practically carried into effect, must be entered in the deed of marriage; a mere verbal understanding is not sufficient in the eye of the law.
“If the wife, however, once consent to leave the place of residence agreed upon at the time of marriage, she would be presumed to have waived the right acquired under express stipulation, and to have adopted the domicil chosen by the husband. If a special place be indicated in the deed of marriage as the place where the husband should allow the wife to live, and it appear subsequently that it is not suited for the abode of a respectable woman, or that injury is likely to happen to the wife if she remain there, or that the wife’s parents were not of good character, the husband may compel the wife to remove from such place or from the house of such parents.
“The husband may also insist upon his wife accompanying him from one place to another, if the change is occasioned by the requirements of his duty.
“Every case in which the question of conjugal domicil is involved will depend, says De Ménerville, upon its own special features, the general principle of the Mussulman law on the subject being the same as in other systems of law, viz. that the wife is bound to reside with her husband, unless there is any valid reason to justify her refusal to do so. The sufficiency or validity of the reasons is a matter for the consideration of the Kazi or judge, with special regard to the position in life of the parties and the usages and customs of the particular country in which they reside.”
Faqīr Jani Muḥammad Asʿad, the author of the Ak͟hlāq-i-Jalālī, gives the following sage advice, which expresses very much the ordinary Oriental view of the question:—
As regards the Selection of a Wife.
The best of wives would be such an one as is graced with intellect, honour, chastity, good sense, modesty, tenderness of heart, good manners, submission to her husband, and gravity of demeanour. Barren she should not be, but prolific.… A free woman is preferable to a bond woman, inasmuch as this supposes the accession of new friends and connections, and the pacification of enemies and the furtherance of temporal interests. Low birth is likewise objectionable on the same account. A young maiden is to be preferred, because she may be expected more readily to attend to her husband’s guidance and injunctions; and if she be further graced with the three qualities of family, property, and beauty, she would be the acmè of perfection.