Is husband liable to maintain wife?

[vustudents]

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• Divorce

Q. Whether such liability continuous even after divorce. (2006/A)
1. Introduction:
Under Islamic law husband is duty bound to maintain his wife. the woman in Islam is exempted from any financial earning liability. she is entitled for maintenance under Islamic law.
2. Definition of maintenance:
Maintenance includes food raiment and lodging.
3. Primary duty of maintenance:
It is the primary duty of husband to maintain her wife. and even if she is residing in house of her father and her husband does not require her to his own house and cohabit with her there.
Case law
Abdul Satar Vs. Anwar Begum 1992 ALD 506
It was held that wife is entitled to receive maintenance allowance from husband if she had not refused to live with him without any sufficient reason.
4. Remedies for wife:
(i) Wife may file suit in the family court for maintenance.
(ii) Wife can also file application in the office of chairman of union council.
5. When wife is not entitled for maintenance:
In the following cases the wife is not entitled for maintenance.
(i) If she become disobedient.
(ii) If she is incapable to perform matrimonial intercourse.
(iii) If she refuses to live with her husband unjustifiably.
(iv) If she has become prostitute.
(v) If she becomes widow.
(vi) If she become able to maintain herself.
(vii) In case of irregular or void marriage.
(viii) Where she has been taken away forcibly by another person.
(ix) In case the fault is on her own part.
(x) If she has been imprisoned.
(xi) Apostasy.
6. Liability of husband after divorce:
After the divorce the wife is entitled to maintenance doing the period of Iddat.
7. Case where wife is not informed about divorce:
If the divorce is not communicated to her. she is entitled for the maintenance until she is informed of the divorce.
8. Arrears of maintenance:
The arrears of maintenance are recoverable as the arrears of land revenue.
9. Decree of maintenance upto one thousand is not appealable:
Decree of the court of maintenance upto one thousand rupees is non appealable.
10. Conclusion:
To conclude I can say that maintenance means expenses for food lodging health etc., if husband fails or neglects to maintain her wife she can seek legal remedy and past maintenance can also be claimed and recoverable as arrears of land revenue.

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