Maintenance Case Against Husband by Wife in Pakistan
According to the family laws in Pakistan, it is the duty of the husband to maintain his wife in a possible good manner.
In Islam husband is bound to maintain his wife throughout the period she remains in matrimonial bonds with him. Maintenance is neither a gift nor a benefit but is an undeniable legal obligation of a husband to provide maintenance to his wife. When a woman surrenders herself into the custody of her husband, it is incumbent upon the husband thereafter to supply her with food, clothing and lodging, whether she be a Muslim or an infidel because such is the precept in the Holy Quran. Maintenance is considered a debt upon the husband which he is bound to pay to his wife. Maintenance is an obligation that is one of the essential ingredients of marriage, liable to suspension or forfeiture under certain circumstances. In case of failure by husband to pay maintenance, wife is legally entitled to recover the maintenance allowance from her husband.
- Child Maintenance:
Under Islamic as well as Pakistani law, a father is obliged to pay maintenance for his child, respectively. This obligation continues until the child reaches the age of majority in the case of a son, and until marriage in case of a daughter and to maintain his wife until the separation.
In Pakistan, maintenance is mainly governed by Muslim Personal law and precedents of the superior courts. Currently, the Family Courts Act 1964 and the Muslim Family Laws Ordinance 1961 (“MFLO”) deal with the issue of maintenance of minors and wife in Pakistan.
IF Father or husband failed to pay maintenance allowance , than children, and wife both are legally entitled to recover the same maintenance allowance from husband/father.
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