PERSONS ENTITLED TO MAINTENANCE:

MAINTENANCE UNDER ISLAMIC LAW

Quran Says: (4:43)

“Man shall take full care of woman with the bounties which Allah has bestowed”

Hadith (Bukhari)

“Young man those of you can support a wife should marry, for it keeps you from looking at woman and preserves your chastity; but who cannot should fast for it is a mean of cooling passion.”

PERSONS ENTITLED TO MAINTENANCE

1. Wife

2. Children

3. Grand Children

4. Parents

5. Grand Parents

6. Son’s Wife

7. Step Relations

8. Persons within Prohibited Relationship

MAINTENANCE OF WIFE

In Case of Valid Marriage

Husband is legally bound to maintain his wife during the subsistence of marriage in accordance with his means and position in life. The wife’s right to maintenance is subject to the condition that she is not refractory or refuses to live with her husband without lawful cause (such as non-payment of dower).

In Case of Divorce During Iddat

A divorced wife is entitled to maintenance during her period of probation (iddat). In case of divorce, the wife cannot remarry for three months, and in the case of death of the husband for four months and ten days. She is entitled to maintenance for this period.

Quran:
“Walil Mutallaqat-e-Mataum bit Maroof; Haqqan Alai Muttaqeen.”
“For divorced women, maintenance (should be provided) on a reasonable scale. This is a duty on the righteous.” — Abdullah Yusuf Ali

Under Shia Law: Wife is not entitled to maintenance during iddat if marriage is dissolved irrevocably.

In Case of Pregnancy After Divorce

Wife is entitled to maintenance till delivery.
Quran: “The carrying of (the Child) to his weaning is a period of thirty months.”

In Case of Non-Payment of Mahr or Cruel Treatment

If husband fails to pay prompt Mehr or is cruel, and wife leaves him, she remains entitled to maintenance.

In Case of Disobedient or Refractory Wife

If wife disobeys or leaves without husband’s consent, she is not entitled to maintenance until she returns and submits.

In Case of Husband’s Death or Absence

If husband absents himself, wife and children can get maintenance from his property.
Quran (2:221): “Those of you who die and leave widows should bequeath for their widows a year's maintenance and residence.”

In Case of Apostasy or Unfaithfulness

If separation is due to wife’s apostasy or illicit conduct, she has no claim to maintenance. If separation is due to husband’s iniquity, wife remains entitled during iddat.

In Case of Muta (Agreement)

Husband is bound to maintain wife if such agreement exists between spouses or guardians.

In Case of Minor Wife

If wife is minor and marriage not consummated, husband has no obligation to maintain her (Hanafi Law).

Remedy Where Husband Fails to Pay Maintenance

Wife may sue in civil court or apply to the Criminal Court or Arbitration Council.

Section 9, MFLO 1961: Wife may apply to Chairman for Arbitration Council to determine maintenance. If not paid, recoverable as arrears of land revenue.

Sections 125–128 Cr.P.C: Wife entitled to initiate criminal proceedings for recovery.

MAINTENANCE OF CHILDREN

Minor Children

Hedaya: “The maintenance of minor children rests on their father, and no person can be associate or partner in furnishing it.”

Major Children

Father’s obligation ends when male attains 18 years and female till marriage.
Exception: If child is physically or mentally infirm, maintenance continues.

Child Born Out of Dissolved Wedlock

Father must maintain as long as child has no means and father can afford.

Illegitimate Children

Under Muhammadan law, no specification of maintenance for illegitimate child.
Section 125(1) Cr.P.C: Both legitimate and illegitimate minor children, and major disabled children, are entitled to claim maintenance.

MAINTENANCE OF PARENTS AND GRANDPARENTS

Obligation to maintain poor parents and grandparents rests equally on sons and daughters if they have means.
Under Shia Law: Mother is entitled in preference to father.
Under Shia Law: Rights of both parents are otherwise equal.

MAINTENANCE OF SON’S WIFE

Father-in-law must maintain his daughter-in-law if the son is minor, poor, or infirm.

MAINTENANCE OF STEP RELATIONS

Obligation arises only if certain dependent conditions exist such as lack of any other support.

MAINTENANCE OF PERSONS WITHIN PROHIBITED DEGREE

A person with means must maintain poor relations who fall within prohibited degrees of relationship.