There is no any specific definition of Maintenance in Family Law Ordinance; Maintenance is defined as General Welfare and Constitues food, clothing and medical care.
This is the duty of Husband to maintain his wife but when the couple is separated though any way, the wife is liable to receive maintenance from her husband till the period of Iddah. If the wife is pregnant, the husband is liable to pay maintenance till the time of Delivery.
The Holy Prophet PBUH said to Muslim men that if they have conflicts with their wives, they may leave them and bear the expenses of the women till they are feeding their child. When women use their right of talaq e tafwiz as given in nikah nama, they can have their dowry amount back. It’s basically a delegated right of divorce given to women as well. When a women becomes a widow, she can be compensated from the estate of her dead husband. She can be also be compensated or maintained from there as per law of succession and inheritance.
The suit for recovery of maintenance is instituted under West Pakistan Family Court Act, 1964 by the mother or by a Guardian for maintenance of Child. All material facts relating to maintenance are mentioned in Plaint. The suit shall be filed in the Family Court where the plaintiff/ wife resides; the notices shall be issued to the defendant/ Husband by the Family Court through different modes of services as provided under Order V of the Civil Procedure Code 1908. After receiving the notice if the defendant/ husband fails to appear before the Family Court, the Family Court may debar the defendant/ husband from filing of Written Statement. The family Court after the statement/evidence of plaintiff/wife the court issues Ex-parte decree against the Defendant/Husband in favor of plaintiff/ wife.
If after the notices issued by Family Court is received by the defendant/ husband and he appears before the family court, he shall file Written Statement along with all relevant documents and the copy of Written Statement shall be supplied to the plaintiff. Both the parties shall submit their evidences; the wife has to show that husband/defendant has failed to maintain her. The maintenance shall be awarded in accordance with the social status and earning of the defendant/ husband. The Family Court considers the condition of both the husband and wife. If the husband fails to provide maintenance as per the order of Family Court he shall be punished with simple imprisonment which may extend to one year or with fine which may extend to five thousand Rupees or with both.
Hyder Shar Law Associates can assist you in filing the suit for Recovery of Maintenance for wife or child and other Family Matters.
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