Maintenance is referred to as nafaq, and that ‘comprehends food, raiment along with lodging, through in common parlance, it truly is limited for the very first. Under Islamic rules, man will be responsibility sure to keep the wife. Over in Islam can be exempted from just about any financial earning responsibility. She is titled for maintenance underneath Islamic Law.
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It is the primary duty of husband to maintain her wife. As well as if she is residing in house of the woman father and her husband will not require her to her own house and cohabit with her there. Case Law : Abdul Satar vs. Anwar Begum 1992 ALD 506 It had been held that wife is eligible for receive maintenance allowance from husband, if she hadn’t refused to are living with him without any sufficient reasons. 3. Remedies for Wife:
4. When wife is just not entitled for maintenance: In the following cases the wife is just not entitled for maintenance:
5. Commitments arising on Matrimony: (i) Wife’s suitable • The wife is eligible for maintenance from the woman husband although she might have the means to help keep herself, and though her husband could be without means. • The actual husband’s duty to keep commences if your particular spouse attains puberty but not before; provided often that she is obedient and makes it. possible for him free access all lawful instances. In addition for the legal obligation to maintain, there may be stipulations in the marriage contract that might render the husband liable to produce a special allowance for the wife. Such allowances tend to be called kharch-I pandan, guzara, mewa khori, and so forth. • An contract for future sepration, however, and for the particular payment of maintenance such an event can be void and against public policy. • A Muslim wife incorporates a just ground for refusal to reside with her partner and she can easily claim separate maintenance against him where she has taken a second wife or maintains a mistress.
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