QURAN SAYS: (4:43)

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

 

“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”  (HADITH BUKHARI).

 

 

PERSONS ENTITLED TO MAINTENANCE:

Following are the persons who are entitled to receive maintenance:

 

Wife

Children

Grand Children

Parents

Grand Parents

Sons Wife

Step Relations; and other

Persons within Prohibited Relationship.

 

MAINTENANCE OF WIFE:

 

IN CASE OF VALID MARRIAGE:

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

IN CASE OF DIVORCE DURING THE PERIOD OF IDDAT:

A divorced wife is entitled to maintenance during her period of probation (iddat).

In [the] case of divorce, the wife cannot re-marry a second time for three months and in the case of death of the husband for four months and ten days. This period is called iddat. Because of this condition, she is entitled to get maintenance for this period.

 

Mr. Mulls says, "After divorce, the wife is entitled to maintenance during the period of iddat 

"Walil Mutallaqat-e-Mataum bit Maroof; Haqqan Alai Muttaqeen".

Abdullah Yusuf Ali translated it as: "For divorced women, maintenance (should be provided) on a reasonable scale. This is a duty on the righteous."

 

UNDER SHIA LAW: “Wife is not entitled to maintenance during the period of iddat if marriage is dissolved in the irrevocable form of divorce.”

 

IN CASE OF PREGNANCY AFTER DIVORCE:

Wife is entitled to maintenance till delivery:

Quran Says: “ The carrying of (the Child) to his weaning is a period of thirty months”

 

IN CASE OF NON-PAYMENT OF MAHR AND CRUEL TREATMENT:

If the husband fails to pay prompt Mehr on the demand of his wife or [if] due to his cruel treatment, the wife leaves his Husband, she is entitled to maintenance. 

 

IN CASE WHERE WIFE IS DISOBEDIENT OR REFEACTORY:

If a wife is disobedient or refractory and goes abroad without her husband's consent, she is not entitled to any support from him until she returns and makes submission.

 

IN CASE OF HUSBAND DAETH AND ABSENCE:

If a husband absents himself, leaving his effects in the hands of another, his wife is entitled to get maintenance out of the husband's effects. In fact, children and parents of the absentee [husband] will also get maintenance out of the assets.

“Those of you who die and leave widows should bequeath for their widows a year's maintenance and residence." (2:221)

 

IN CASE WHERE SEPERATION ORIGINATES ON ACCOUNT OF APOSTASY OR UNFAITHFULNESS:

If the separation originates with the wife from anything grave [and] imputable to her like apostasy or [an] illicit connection or dalliance with another person, she has no claim to maintenance during the iddat. But if the separation originates from something which cannot be imputed to her as a crime, as in the case of the separation demanded by her on account of iniquity, she remains entitled to maintenance during the iddat.

 

IN CASE OF MUTA (AGREEMENT)

A husband is also bound to maintain his wife on the basis of an agreement made between the spouses on their guardian.

 

IN CASE WHERE WIFE IS MINOR

If the wife is a minor so that the marriage cannot be consummated, there is no legal obligation on the husband's part, according to the Hanafi, to maintain her.

 

REMEDY WHERE HUSBAND FAILS TO PAY MAINTENANCE:

The wife may sue for maintenance either in the civil court or apply (in the absence of a special contract) to the Criminal Court.

According to section 9 of MFLO 1961: In addition to other remedy the wife may apply to the Chairman who shall constitute an Arbitration Council to determine the matter, and the Arbitration Council may issue a certificate specifying the amount which shall be paid as maintenance by the husband.

Any amount payable under Sub-section (1) or, (2) of section 9 of MFLO 1961 if, not paid in the due time, shall be recoverable as arrears of land revenue.

  

According to section 125 to 128 Cr.P.C:  Wife is entitled to maintenance against the husband and initiate a criminal proceedings against the husband for the recovery of maintenance.

 

MAINTENANCE OF CHILDREN:

 

IN CASE OF MINOR CHILDREN:

According to Hedeya: “the maintenance of minor children, rests on their father and no person can be associate or partner in furnishing it”

 

IN CASE OF MAJOR CHILDREN:

Father obligation comes to and when the children become major.

In case of Male Major age is 18 years.

In case of Female: Children is entitled to maintenance till the marriage of the child.

Except: in case of any disease or physical or mental infirmity of major child is entitled to maintenance even after attainting the age of majority.

 

IN CASE WHERE CHILD BORN OUT OD DISSOLVED WEDLOCK:

The maintenance of children is obligatory on the father as long as he is in a position to do so and the children have no independent means of their own, it remains his duty to provide them.

 

IN CASE OF ILLEGIMATE CHILDREN:

Under Muhammad law there is no specifications of maintenance to illegimate child.

 

REMEDY:

Under section 125(1) Cr.P.C: The minor children whether legitimate or illegitimate and the major disabled children are entitled to claim maintenance from his father.

 

MAINTANANCE OF PARENTS AND GRAND CHILD:

The obligation to maintain poor parents and grandparents rests equally on sons and daughters if they have means.

 

Under shia Law: Mother is entitled to maintenance in preference to the father

Under Shia Law: The rights both parents are equal.

 

 

MAINTENACE OF SON’S WIFE:

The obligation of a Father-in-Law to maintain his daughter-in-law arisen in the following conditions:

If the son is Minor

If the son is Poor

If the son is Infirm

 

MAINTENANCE OF STEP MOTHER AND STEP CHILDREN:

A Muhammaden is under obligation to provide maintenance to his step only if the following conditions are prevailing.

 

MAINTENACE OF PERSONS WITHIN PROHIBITED DEGREE:

Under Muhammaden law a person who has means to maintain or is in easy circumstances has an obligation to maintain his poor relations who come within the prohibited degree of relationship.