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In Pakistan, maintenance of a wife is a legal obligation of the husband under Islamic law and family law. If the husband fails to provide maintenance for his wife, she has several legal remedies to seek relief. Maintenance refers to the financial support a husband is required to provide for his wife for her living expenses, including food, clothing, shelter, medical care, and other essential needs.
Here are the legal remedies available to a wife in Pakistan if she is not receiving maintenance:
Solution: A wife can file a petition for maintenance in the Family Court if her husband refuses to provide financial support.
Legal Basis: Under Section 9 of the West Pakistan Family Courts Act, 1964, a wife has the right to claim maintenance from her husband. The court will examine the financial capacity of the husband and the wife's needs when determining the maintenance amount.
Action: The wife can file a petition in the Family Court specifying her need for maintenance. The court will assess the situation and issue an order for the husband to pay the appropriate maintenance amount.
Solution: If the wife is in urgent need of financial support, she can seek interim maintenance while the case is pending.
Legal Basis: Under Section 17 of the Family Courts Act, 1964, a wife can apply for interim maintenance during the pendency of her main maintenance case. The court will consider the wife’s immediate needs and can order a temporary maintenance amount.
Action: The wife can request interim relief from the court for immediate financial support until a final decision is made in the main case for permanent maintenance.
Solution: A wife who has been divorced may still be entitled to maintenance for the iddat period (waiting period after divorce) and beyond, depending on the circumstances.
Legal Basis: Under Section 3 of the Dissolution of Muslim Marriages Act, 1939, the wife is entitled to maintenance for the iddat period after divorce. The husband is also required to pay her maintenance until the iddat period ends, and in some cases, beyond that if there is no other source of income.
Action: The wife can file a petition in the Family Court seeking maintenance during the iddat period after divorce. If the husband refuses to pay, the court can direct him to provide the required maintenance.
Solution: If the wife is living separately from her husband (due to desertion, cruelty, or other reasons), she can seek maintenance under the law.
Legal Basis: Islamic law and the Family Courts Act, 1964 provide that a wife has the right to maintenance even if the couple is living separately, as long as the separation is not due to her fault.
Action: The wife can file a petition in the Family Court for maintenance if she is living separately from her husband. The court will determine whether she is entitled to maintenance, and if so, order the husband to pay an amount that is sufficient to meet her needs.
Solution: If the husband has been ordered to pay maintenance by the Family Court but refuses to comply, the wife can seek enforcement of the court order.
Legal Basis: Under Section 17(2) of the Family Courts Act, 1964, if the husband fails to comply with a maintenance order, the wife can seek enforcement by the court. The court may take various actions to ensure compliance, such as attaching the husband's property or garnishing his salary.
Solution: If the husband is unable to provide maintenance (due to illness, unemployment, or incapacity), the wife may seek maintenance from other relatives, such as the husband's parents or the wife's father.
Legal Basis: Islamic law recognizes that if the husband is unable to fulfill his maintenance obligations, the wife can seek support from his or her family members. This is typically applicable in cases where the husband has no income or assets to pay maintenance.
Action: The wife can approach the Family Court to request maintenance from the husband's relatives or, in some cases, the wife's own family, depending on the circumstances.
Solution: The wife can request specific maintenance for medical needs and education expenses in addition to regular maintenance.
Legal Basis: The court recognizes that the husband's duty of maintenance extends to the wife’s medical care and education if necessary. If these expenses are not covered by the general maintenance, the wife can request an additional amount.
Action: The wife can file a petition for special maintenance in the Family Court, which would cover her medical and educational needs. The court will evaluate the circumstances and may order additional maintenance for these specific expenses.
Solution: If the maintenance amount awarded by the court is deemed insufficient to meet the wife’s basic needs, she can challenge the decision and seek a higher amount.
Legal Basis: Under Section 9 of the Family Courts Act, 1964, the wife can request an increase in the maintenance amount if the original amount awarded is not sufficient to meet her basic living expenses or if the financial circumstances of the husband change.
Action: The wife can file a petition for the modification or enhancement of the maintenance amount in the Family Court. The court will review the case and may increase the amount based on the financial capacity of the husband and the wife’s requirements.
Solution: If the husband is failing to provide for his wife during the marriage, the wife can seek maintenance even without divorce or separation.
Legal Basis: According to Islamic law and the Family Courts Act, a husband is obligated to maintain his wife during the marriage, including providing for her needs, shelter, clothing, and food. If the husband neglects this responsibility, the wife can approach the Family Court.
Action: The wife can file a petition for maintenance in the Family Court to claim support for her daily needs. If the husband refuses to provide or is unable to, the court may order him to pay the necessary amount.
Solution: If the wife and husband agree, the issue of maintenance can be resolved through arbitration or mediation rather than formal litigation.
Legal Basis: The Family Courts Act, 1964 and Islamic law encourage the use of mediation or arbitration to resolve family disputes, including maintenance claims. This can be a faster and less contentious way to address the issue.
Action: The wife and husband can engage in mediation or arbitration with the assistance of a neutral third party, such as a family member, legal expert, or court-appointed mediator, to reach a fair settlement regarding maintenance.
A wife in Pakistan who is not receiving adequate maintenance from her husband has several legal remedies available. These include filing a petition in the Family Court for maintenance, seeking interim maintenance during the pendency of the case, claiming maintenance after divorce, and enforcing the court's maintenance orders. If the husband fails to provide for her, the wife can also seek maintenance from relatives or file for an increase in the maintenance amount if the current one is insufficient. Ultimately, these legal remedies aim to ensure that the wife is financially supported according to her needs and the husband's capacity to provide. Our team of Maintenance of Wife Lawyers in Islamabad and Peshawar regularly represent women who are not being maintained by their husbands to get monthly maintenance allowance via courts.