Maintenance of Wife Under Muslim Family Laws in Pakistan
Under the Muslim Family Law, it is the duty of the husband to provide maintenance to his wife. If the husband fails to do so, the wife can file a suit for recovery of maintenance amount. Additionally, if there are more than one wife, the husband must maintain them equitably. The law is silent on whether maintenance can be claimed by minor children, but it is generally accepted that they are included in the definition of “family”.
Introduction
– (1) If any husband fails to maintain his wife adequately, or where there are more wives than one, fails to maintain them equitably, the wife, or all or
As a result, Anglo-Muhammadan, modem Pakistani and Afghanistan law have accepted the Muslim wife’s right to maintenance during the marriage, but yet have
We provides complete information regarding divorce law in pakistan and grounds for judicial divorce that is also called khulla laws in
It refers to award of maintenance to the divorced wife for life or till she remarries, piecemeal or in a one-time transaction.
It is deemed to be a
If in the event the right of divorce is not granted to the wife Law and under section 7 of the Muslim Family Law Ordinance the husband
Part A: Introduction West Pakistan Rules Under The Muslim Family Laws Ordinance, 1961 Maintenance for the wife lasts only for
After partition in 1947
Definition of Maintenance
Duties of husband towards his wife include providing adequate maintenance, which means food, shelter, safety and basic amenities of life (Section 9). However, Muslim jurists who developed the law later stipulated that a widow is not entitled to any maintenance once her husband dies.
The right to maintenance – that is expenses, food, clothing, lodging (which is to be free of other wives) – exists irrespective of her financial position. It is the duty and liability of the husband to provide adequate maintenance to his wife in all the circumstances irrespective of his financial position.
Rights of Wife Under Muslim Family Laws in Pakistan
As per Muslim family law, a husband is obliged to maintain his wife during the marriage. However, there is no provision for wife maintenance after divorce in Pakistan. The law is silent on this issue though maintenance is being awarded by courts in some cases. The right of divorce is not granted to the wife under Muslim law and she can only seek dissolution of marriage through court.
Amount of Maintenance
In Pakistan, it is the legal duty of the husband to provide maintenance to his wife. This includes food, clothing and shelter. If the husband does not provide for his wife, she can file a suit for recovery of maintenance. The amount of maintenance is decided by the court based on the husband’s income and the needs of the wife.
Procedure for Claiming Maintenance
The family court decides the wife’s maintenance a month amount according to the circumstances of the case and the financial condition of
The case law that developed ultimately shows that Muslim husbands simply pronouncing divorce under their personal law easily defeated maintenance
Yes! Maintenance under Muslim law is known as “Nafqah” which means what a man spends over his family.
“Nafqah” basically includes food, clothing and
A divorced Muslim woman who has not remarried and who is not able to maintain herself after iddat period can claim maintenance under Section 4 of this
Husband’s Right of Divorce or Talaq and the Legal procedure Law and under section 7 of the Muslim Family Law Ordinance the husband
Under the Family law of Pakistan is a statutory right available to the wife to claim maintenance from the husband. Wife instantly upon
Section 125 of the Code of Criminal Procedure, 1973 opened the
Judicial Remedies for Unpaid Maintenance
Under Muslim law, a husband is obliged to provide maintenance (nafqah) to his wife during the marriage. If the husband fails to do so, the wife can file a suit for recovery of maintenance under the West Pakistan Family Court Act, 1964. The court will then determine the amount of maintenance to be paid based on the husband’s financial ability and the needs of the wife.
Criminal Liability for Nonpayment of Maintenance
Whereas, for a widow the agreement is that she is not entitled to any maintenance once her husband has died, Muslim family law in Pakistan dictates that a wife is entitled to maintenance throughout the duration of her marriage. If a husband fails to provide adequate maintenance for his wife, she can file a suit for recovery of the amount due. Additionally, if there are multiple wives, the husband is obliged to maintain them equitably. If he fails to do so, all wives are entitled to file a suit for recovery of their respective maintenance amounts.
Under the Family Law Ordinance 1961, Muslim marriages are required to be registered and proof of marriage is necessary to claim maintenance. The Ordinance also states that husbands are liable to pay upkeep and other expenses related to their wives, including food, clothing and medical expenses. In cases where the husband is unable or unwilling to provide adequate maintenance, courts have the discretion to order him to pay monthly sums towards his wife’s support.
Duties and Obligations of Husband Regarding Payment of Maintenance
It is the duty of the husband to provide adequate maintenance to his wife in all circumstances, irrespective of his financial situation. This duty arises as soon as the marriage contract is completed, and it is a fundamental right of the wife under Islamic law. The husband’s obligation to maintain his wife includes providing her with food, clothing, shelter, and other essential needs. If the husband fails to meet his obligations, the wife has the right to file for divorce.
Factors to be Considered While Assessing the Amount of Maintenance
There is a general consensus among Muslim jurists that Muslim women are entitled to maintenance during the subsisting marriage. However, such right to maintenance is subject to the obedience of the wife (first to Allah) and then to her husband.
Under Muslim law in India, maintenance is known as ‘Nafqah’. The right to maintenance of a wife under Muslim law arises as soon as the marriage contract is executed. In assessing the amount of maintenance, the court takes into account various factors like position and liabilities of the husband. It also judges whether the wife is obedient or not.
Maintenance in marriage refers to the financial obligation of a husband towards his wife (and children) during the marriage and during her ʿiddah (waiting period after divorce). The purpose of this financial obligation is to ensure that the wife does not face any financial difficulties during these periods.
Conclusion
Whereas, for a widow the agreement is that she is not entitled to any maintenance once her husband dies, it is the duty and liability of the husband to provide adequate maintenance to his wife in all the circumstances irrespective of his financial condition. It refers to award of maintenance to the divorced wife for life or till she remarries, piecemeal or in a one-time transaction. It is deemed to be a part of her dower and is payable by her husband. Suit for recovery of maintenance amount shall be filed by a woman (married under Muslim Family Law) under West Pakistan Family Court Act, 1964 or guardian on her behalf.
(1) If any husband fails to maintain his wife adequately, or where there are more wives than one, fails to maintain them equitably, the wife, or all or any of them, may file a petition for divorce in the court;
(2) If in the event the right of divorce is not granted to the
