Can A Wife File Maintenance Case During Marriage?
The husband is not only morally, but also legally obligated to provide maintenance to his wife during the course of the marriage. This is a statutory right available to the wife under Pakistani family law, which she becomes entitled to claim from her husband instantly upon Nikah (marriage). However, this right to maintenance is not absolute, as it arises from the marriage relationship. This means that as soon as the parties are divorced, the wife's right to maintenance diminishes.
How much one must pay for their wife's maintenance is dependent on the husband's financial condition. In some cases, the Nikah contract specifies the monthly maintenance amount payable, which would be binding in a Family Court. However, if the Nikahnama does not fix the maintenance amount, the Family Court will determine the husband's maintenance amount and set a monthly payment for the wife accordingly.
If your wife files a suit for recovery of maintenance in Family Court, the court may declare the amount of maintenance per month and also determine the date of default in which the husband is required to pay maintenance or financial support to the wife.If the wife files a suit in Family Court to demand maintenance from her husband, the court will set an amount for her to receive and may also order the husband to pay for any maintenance that he has failed to pay during the marriage. The court will make its decision after hearing evidence from both sides. If the husband does not obey the court's order, the money can be recovered by selling his property, attaching his salary, or attaching his bank account. If a husband has no assets or income, he can be arrested and jailed. If the husband defaults on paying maintenance, a non-bailable warrant for his arrest can be issued by the Court.