Primary Duty of Maintenace in Islamic Law

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Maintenance

  • Introduction:

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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  • Primary Duty of Maintenance:

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:

  1. Wife may file suit in the family court with regard to maintenance.
  2. Wife can in addition file application in the office of chairman of union council.

4. When wife is just not entitled for maintenance: In the following cases the wife is just not entitled for maintenance:

  1. If your lover becomes disobedient.
  2. If she is incapable to perform matrimonial intercourse.
  3. If she will not live with the woman husband unjustifiably.
  4. If she gets to be widow.
  5. If she becomes able to maintain herself.
  6. In case of irregular or emptiness marriage.
  7. Where my wife been taken aside forcibly by someone else.
  8. In case the particular fault is on her own part.
  9. If my wife been imprisoned.
  10. Apostasy.

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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