๐๐๐ข๐ง๐ญ๐๐ง๐๐ง๐๐ ๐๐๐๐ซ๐ฎ๐๐ฌ ๐๐ซ๐จ๐ฆ ๐ญ๐ก๐ ๐๐๐ญ๐ ๐จ๐ ๐๐ข๐ค๐๐ก, ๐ง๐จ๐ญ ๐๐ซ๐จ๐ฆ ๐๐ฎ๐ค๐ก๐ฌ๐๐ญ๐ข: ๐๐
In a case of first impression, the Supreme Court held that right to maintenance of a wife is connected with Nikah, not with Rukhsati or consummation. Only nikah, nothing else, binds a husband to provide maintenance to his wife. This was an unclear and an ambiguous issue for a long time that when the right of maintenance accrues to a wife against her husband. Whether it accrues from the date of nikah, rukhsati or when both the parties meet each other and consume the marriage.
In our society nikah is solemnized first. Then the marriage is kept pending for a very long time. Sometime for years. And rikhsati takes places after that. Once nikah is solemnized, the bride comes under an obligation of a binding contact. She cannot contract second marriage till the first one is subsisting. The question arise that what if she is willing to take abode in her husband’s house but the husband is not willing for rukhsati, whether the husband will be responsible for her maintenance during this period: between rukhsati and nikah.
The Court ruled in favor of wife and held that husband is responsible for his wife’s maintenance after nikah. The reasoning of the Court for this judgment is based on morality and marital relationship.
Our partner, Mr. Umer Ijaz Gilani, Advocate Supreme Court, assisted the Court in this case as counsel of the Respondent on the direction of the Court.
c.p._1107_l_2015
