Maintenance of Wife in Pakistan | Advocate Nazia

Maintenance of Wife in Pakistan:

Petitioner in her affidavit which equated with her examination-in-chief as a witness had nowhere mentioned her claim about maintenance of wife in Pakistan allowance, which meant that she did not even substantiate contents of the plaint. List of dowry articles was subsequently prepared by the sister of the petitioner which had no signature or note of bridegroom's family member, pertaining to correctness of the same. Value of each article or receipts (photocopies) of the alleged purchase articles of dowry had been considered as reliable one in spite of the fact that neither any executants of the same appeared in the witness-box nor from the receipts, it was established that as to who purchased the article from whom and in some cases the receipts were post-dated than the marriage.

After Divorce in Pakistan Maintenance System:

Maintenance of wife in Pakistan allowance for the period of iddat was not challenged in the original claim and it was far the first time raised in Constitutional petition. Such claim though not considered as far as extended period of pre-divorce life for the purpose of maintenance allowance and certainly was a right of divorce in Pakistan of female towards her ex-husband imposing duty, making him answerable to Allah and that duty was only discharged if the maintenance was provided on a reasonable scale. Constitutional petition was dismissed by High Court 3. Application by ex-wife after her divorce in Pakistan became effective-Maintainability. Arbitration Council could be constituted inter spouses, whose relationship of husband and wife subsisted at the time of such application.

More about Maintenance System in Pakistan:

Ex-wife could not go before Chairman, Arbitration Council calling him to constitute Arbitration Council, for granting of past maintenance. Proceedings of Arbitration Council, if initiated on basis of such application, would be coram non judice and order passed thereon would be abinitio void. Ex-wife could file suit for recovery of maintenance before Family Court being a liability accrued against ex-husband. Ex-wife can recover under S. 9 maintenance of wife in Pakistan for period during which marriage subsisted. There is no rationale in contention that if marriage stands dissolved, wife cannot invoke S. 9 for past maintenance to wife. Whether allowed under this section. Held, that, language of this section does not even impliedly import that maintenance allowable to wife is the future maintenance only and that jurisdiction to allow past maintenance of wife has not been conferred there under. Jurisdiction exercisable was subject to law of limitation for case.

Claiming of Accommodation and Maintenance:

Claim separate accommodation and maintenance. Allegation of the plaintiff (wife) was that defendant (husband) had married two other wives. Plaintiff (wife) had a right under Islamic Law to claim separate accommodation and maintenance. Wife could not be compelled to live with the other wives of the defendant and she could refuse to live with the parents of the husband. Separate living by wife. Appellate Court failed to note essential legal implications of non-payment of dower namely that wife, in such circumstances, was under no obligation to live with husband and husband was duty bound to maintain wife during period of separation. Failure of Appellate Court to consider said facts constituted non exercise of its jurisdiction. Impugned judgment of Appellate court was, therefore, declared without lawful authority with the result that both the appeals of petitioner were to be deemed pending for fresh decisions. Entitlement to maintenance allowance was subject to evidence. Islamic Law provided that it was duty of wife to live with her husband and then to claim maintenance however, there were certain exceptions.