WIFE AND MINOR'S ARE ENTITLE FOR RECIVING MAINTENANCE , JURISDICTION OF ARBITRATION COUNCIL, SECTION 9, CASES WHERE WIFE CAN NOT CLAIM MAINTENANCE

 

MAINTENANCE

JURISDICTION OF ARBITRATION COUNCIL

SECTION 9 MUSLIM FAMILY ORDINANCE 1961

The definition of maintenance in Islam is NIFKA.

In the language of law signifies all those things which are necessary for the support of life, such as food, clothes, and lodging. The subsistence of the wife is incumbent upon her husband. When a woman surrenders herself into the custody of her husband, it is incumbent upon him thenceforth to supply her with food, clothing, and lodging, whether she be a Mussalman or an infidel because such is the precept in Holy Quran. Such an obligation arises from the moment the wife even after it is dissolved. 

A wife must be accommodated in a separate apartment. It is incumbent upon the husband to provide a separate apartment for his wife’s habitation, to be solely and exclusively appropriated to her use, so that none of her husband’s family, or others, may enter without her permission and desire, because this is essential, necessary to her, and is, therefore, her due the same as maintenance for the word of God appoints her a dwelling house as well as subsistence, and as it is incumbent upon a husband to provide a habitation for his wife under his control.

Maintenance is neither in the nature of a gift or a benefit but is an undeniable legal obligation of the husband to maintain his wife who is not staying away from him without just cause.

WIFE CAN CLAIM MAINTENANCE

                  Under S.9 of Muslim Family Law 1961, a wife willing to perform

Conjugal rights but deserted by the husband without lawful excuse, can claim maintenance.

The wife can claim maintenance for the period during which she remains deserted by her husband till talaq becomes effective.

WIFE CAN NOT CLAIM MAINTENANCE

             The wife cannot claim maintenance for the period during which she lived with her parents deserting her husband without any lawful excuse.

The maintenance is in all circumstances to be considered a debt

upon husband in conformity with his tenet.

It is really remarkable in Islam that as soon as two" SUI JURIS"

persons entered into a contract of marriage so many rights are

created but as soon as the marriage is dissolved, those rights will continue according to the Injunctions of "HOLY QURAN".The wife can justly claim maintenance from the date of accrual of the cause of action and not necessarily from the date of first seeking redress.

DELIVERY EXPENSES

“Maintenance” means keeping in existence, to preserve, to support, to make good. It would include food, raiment, and lodging

And other necessary expenses for mental and physical wellbeing. Physical and mental wellbeing of a wife needs delivery of child as well. Grant of delivery expenses is thus a part of maintenance.

MAINTENANCE OF CHILD

Father is bound to maintain his minor children till such time that either they attain the age of majority in case of male children and till such time marriage of female children is solemnized and also that maintenance during iddat of a divorced wife is to be paid by ex-husband.

    Islam enjoins a duty upon a father to maintain his son until he attains the age of puberty. The mere fact that the son is in the custody of his mother during his infancy is not a valid ground for a father to withhold maintenance.  

MAINTENANCE OF FEMALE CHILD

Father is bound to provide maintenance allowance to his daughter, even she attains majority till she gets married.

LIMITATION FOR CLAIMING MAINTENANCE.

Article 120 of Limitation Act, 1908 provides a limitation period of

6 years from accrual of the right to sue, being applicable in respect

of claim past maintenance for a period of six-year

RUKHASTI NOT TAKING PLACE.

Even if Rukhsati has not taken place, the wife is still entitled to get maintenance if not refusing to perform her marital obligation or to live with her husband.