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Wife Maintenance Law in Pakistan
Wife Maintenance Law
Women facing financial and societal challenges during marital disputes often seek legal protection through the Wife Maintenance Law.
This law ensures husbands provide financial support during marriage and, in some cases, after divorce, based on the husband’s financial capacity and the wife’s needs. It offers women a legal avenue for financial security in challenging circumstances
Wife Maintenance After Divorce
In Pakistan, under Muslim law, a husband is responsible for providing maintenance to his wife during marriage and for the ‘iddah period after divorce. If the husband fails to provide this, the wife can seek legal recourse through family courts. The husband’s financial capacity determines maintenance and is mandatory even if the wife is employed or wealthy. After the ‘iddah period, maintenance generally ceases unless otherwise agreed or specified by the court.
Maintenance of Wife
Maintenance of a wife refers to the husband’s legal obligation to provide for her basic needs like food, clothing, and housing, based on their financial status. Different Islamic schools vary in determining whether the husband’s, wife’s, or both of their statuses should be considered for maintenance. Medical expenses are typically not included in maintenance, but necessary treatments may be covered depending on the husband’s financial capacity. Maintenance can also be adjusted according to changes in the husband’s financial situation
Wife Maintenance A Month
The amount is determined based on the husband’s financial capacity and the wife’s needs, either through mutual agreement or by the Family Court. If a husband fails to pay, the court can enforce the order through legal measures, including asset attachment or arrest. Working wives are also entitled to claim maintenance, regardless of their employment status.
Maintenance of Wife in Islamic Law
In Islamic law, This is a basic duty of marriage, and the husband has to fulfill it no matter what her religion is. However, in some cases, this responsibility can stop or be taken away.
Second Wife Maintenance
In Pakistan, if a man contracts a second marriage lawfully with the required permissions, he is obligated to provide maintenance to the second wife, just as he must for the first wife. Both wives are entitled to equal financial support, including shelter, clothing, and other essentials, as per Islamic law. Failure to provide maintenance to either wife can result in legal action, and the second wife has the right to claim maintenance through family courts if neglected. The law ensures fairness in financial obligations to both wives.
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Maintenance Case Against Husband in Pakistan
In Pakistan, a wife is entitled to maintenance from her husband under Islamic law as long as she is faithful and fulfills her matrimonial obligations. If the husband fails to provide maintenance, the wife can file a suit in the Family Court to recover past and future payments, with the court determining the amount based on the husband’s financial status.
Law of Maintenance Claim by Wife During Marriage in Pakistan
A wife has the legal right to claim maintenance from her husband during marriage, covering essentials like food, shelter, and medical care. If the husband neglects this duty, the wife can approach family courts under the Muslim Family Laws Ordinance, 1961.
How to Apply
To apply for wife maintenance in Pakistan, the wife can file a case in Family Court, usually with the help of a lawyer, under the West Pakistan Family Courts Act or Muslim Family Laws Ordinance. The court will assess the husband’s financial situation and the wife’s needs before deciding the maintenance amount. If the husband fails to comply, the court can enforce the decision and even issue recovery orders.
FREQUENTLY ASKED QUESTIONS:
Yes, a wife can seek maintenance after divorce in Pakistan under certain circumstances, such as during the iddat period (waiting period). However, maintenance beyond the iddat period is generally not granted unless specified in a legal agreement or contract.
Working lady can still seek maintenance from her husband in Pakistan. Her right to maintenance is not affected by her employment status, as the husband has to provide for his wife under Islamic and Pakistani law.
If she is disobedient (known as "Nashiza" in Islamic law) or if she refuses to live with her husband without a valid reason. Additionally, maintenance may not be granted after divorce beyond the iddat period unless stipulated by a legal agreement.
Her husband is not fulfilling his legal obligation to provide for her. Under Pakistani law, a wife has the right to seek maintenance through the family courts even while the marriage is still intact.
Generally only during the iddat period (a waiting period after divorce). Maintenance beyond this period is usually not provided unless specified in a legal agreement or settlement between the parties.
A working lady in Pakistan has the legal right to claim maintenance from her husband, as her employment status does not affect her entitlement. Under Islamic and Pakistani law, the husband must provide maintenance for his wife, regardless of whether she earns an income, as long as she is not disobedient and fulfills her marital obligations.
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