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Maintenance Law Wife Pakistan

Can a Wife File Maintenance After Divorce? In Pakistan, a wife can file for maintenance even after divorce under specific circumstances. Maintenance during the Iddah period (waiting period after divorce) is mandatory, as per Islamic principles and Pakistani law. During this period, the ex-husband is obligated to provide for his ex-wife's basic needs, including food, clothing, and accommodation. Beyond the Iddah period, maintenance claims depend on various factors, including court discretion, specific agreements in the marriage contract (Nikahnama), and any provisions for alimony. Courts generally evaluate the financial status of both parties and any dependent children before making a ruling.

How to Stop Maintenance to Wife

To stop maintenance payments, the husband must demonstrate valid reasons to the court. Common grounds include:

Completion of Iddah Period: Once the Iddah period concludes, the husband’s obligation ceases unless there is a court order for extended support.

Remarriage of the Wife: If the ex-wife remarries, her former husband is no longer legally required to provide maintenance.

Disobedience or Nushuz: If the wife willfully violates marital duties without valid justification, the court may rule against her right to maintenance.

The process involves filing an application with the relevant family court, supported by evidence to substantiate the claims.

When Wife Cannot Claim Maintenance

Under Islamic and Pakistani law, a wife may forfeit her right to maintenance in the following cases:

Disobedience (Nushuz): If the wife leaves the marital home without valid reasons or refuses to fulfill marital obligations, she may lose her right to maintenance.

Divorce Initiated by the Wife Without Grounds: If a wife initiates separation without legitimate grounds recognized by Islamic law, the court may deny her claim for maintenance.

Remarriage: Post-divorce, the wife cannot claim maintenance from her former husband if she remarries.

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STEP 1: REPORT FROM REPUTABLE SPECIALIST REGARDING HEALTH OF CHILD

Do I Have to Pay Maintenance to My Wife?

The husband’s obligation to pay maintenance depends on several factors: During the Marriage: As per Islamic law and the Family Laws Ordinance, 1961, the husband must provide maintenance unless the wife is disobedient without reason.

During Separation: A wife is entitled to maintenance during the separation period unless the court finds her guilty of Nushuz.

After Divorce: Maintenance is mandatory only for the Iddah period unless otherwise agreed upon or ordered by the court.

Failing to provide maintenance can result in legal consequences, including recovery of arrears or imprisonment.

STEP 2: PREPARE CHILD ADOPTION CONTRACT

Wife Maintenance Law in Pakistan

The laws governing wife maintenance in Pakistan are rooted in both Islamic principles and statutory regulations. Key provisions include:
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Muslim Family Laws Ordinance, 1961: Defines the husband’s responsibility to maintain his wife and children.
Guardians and Wards Act, 1890: Addresses maintenance obligations in cases involving minor children.
Case Law Precedents: Numerous court rulings have clarified the husband’s obligations and the wife’s rights under specific circumstances.

STEP 1: REPORT FROM REPUTABLE SPECIALIST REGARDING HEALTH OF CHILD

Burhan & Associates: Your Trusted Legal Advisors

At Burhan & Associates, we specialize in family law matters, including maintenance claims, divorce settlements, and alimony disputes. With offices in Lahore, Faisalabad, and services extending to Islamabad and Karachi, we are committed to safeguarding your legal rights.

STEP 2: PREPARE CHILD ADOPTION CONTRACT

Contact Us Today

For expert guidance and representation, reach out to our experienced team at Burhan & Associates. Let us help you secure your rights under the law.



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Ahmed Burhan

Mr Ahmed Burhan

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