Right Of Maintenance Of Wife When Living Separately:
The Holy Quran has ordained the husband his wife to provide her with all the necessities of life with in his capabilities and resources. In case when the husband and the wife are living separately due to marital disputes or the husband has pushed her out of his house or the wife has to live separate from her husband under any compulsion then the wife is entitled to maintenance by the husband and if the husband refuses to do so then the wife can approach family court or Conciliation Council. The family court or the Conciliation Council, whatever the case may be, has to determine that which party is at the fault. If the husband is at fault then he would have to pay the wife maintenance and if he fails to do so or refuses to maintain the wife then the wife, under section 9 of Muslim Family Laws 1961, can put up an application to the Chairman Conciliation Council or the Family Court to obtain an order against the husband to the effect that he must provide her with maintenance. Such order would be issued after merits of the case are discussed to see which party is at fault. If such order is issued against the husband then court would keep in view the income resources and other circumstances of the husband. However, if it is established that the wife has left the house of the husband without any cogent or solid reason or she is simply refusing to live with the husband then the wife would not be entitled to maintenance. Furthermore, maintenance of the children would be the duty of the father and order to this effect would be issued.
All Rights Reserved. Copyright © Azeem M. Qazi Law Office.
The Holy Quran has ordained the husband his wife to provide her with all the necessities of life with in his capabilities and resources. In case when the husband and the wife are living separately due to marital disputes or the husband has pushed her out of his house or the wife has to live separate from her husband under any compulsion then the wife is entitled to maintenance by the husband and if the husband refuses to do so then the wife can approach family court or Conciliation Council. The family court or the Conciliation Council, whatever the case may be, has to determine that which party is at the fault. If the husband is at fault then he would have to pay the wife maintenance and if he fails to do so or refuses to maintain the wife then the wife, under section 9 of Muslim Family Laws 1961, can put up an application to the Chairman Conciliation Council or the Family Court to obtain an order against the husband to the effect that he must provide her with maintenance. Such order would be issued after merits of the case are discussed to see which party is at fault. If such order is issued against the husband then court would keep in view the income resources and other circumstances of the husband. However, if it is established that the wife has left the house of the husband without any cogent or solid reason or she is simply refusing to live with the husband then the wife would not be entitled to maintenance. Furthermore, maintenance of the children would be the duty of the father and order to this effect would be issued.
All Rights Reserved. Copyright © Azeem M. Qazi Law Office.