Wife Maintenance after divorce in Karachi.
Maintenance for the wife is a moral and legal obligation of the husband. Wife is entitled to maintenance immediately after Nikkah. Some parties specify the maintenance amount in the Nikahnama. If the maintenance amount is not fixed in the Nikahnama then the Family Court determines an amount to be paid monthly by the husband to the wife.
The wife gets her monthly maintenance depending on the financial condition of the husband. The family court decides a monthly maintenance for the wife. This law is in line with the islamic principles which put the responsibility of providing for the family on the shoulders of the man.
The wife maintenance law in Karachi ceases to remain effective after the wife is divorced. When the wedlock no longer remains the husband is not responsible for her. If the wedlock is maintained then the law is effective.
Maintenance for second wife:
The second wife also receives monthly maintenance. Islamic principles demand equal treatment for all wives. According to this it is essential that the second wife is maintained like the first one. The wife maintenance law is not applicable to ex wives as it is not in line with Islamic principles.
When the husband can refuse to pay:
There are circumstances under which the husband can refuse to pay for wife maintenance. If the husband establishes that the wife fails to acknowledge her duties and does not fulfil her part of matrimonial obligation, in this situation the husband can obtain a decree of conjugal rights from the court of law. The husband no longer pays for maintenance if the marriage is dissolved as a result of khula or divorce.
Failing to provide maintenance:
Failing to provide the wife with maintenance, she can file a case for maintenance recovery in the family court.
The court after viewing the evidence of the wife and her witness can declare a monthly maintenance amount. The court also sets the date of default from which the husband is required to pay the maintenance to the wife.
If the husband doesn’t follow the order of maintenance then the money declared to be payable is recovered by a court from the husband by selling his property, attachment of salary or attachment of bank account.
In case of no assets or salary of the husband, he can be arrested and sent to jail. Financial crisis are not the grounds on which the husband can default.
How to apply:
You can file a petition through a lawyer in the family court.
-CNIC/ Identity Card/NICOP
-Proof of marriage ( Nikahnama)
Q. Does the working wife also get maintenance?
Yes. Wife gets her monthly maintenance regardless of her financial condition. Self-earning women can also demand monthly maintenance from their husbands.
Q. What can be done if the husband fails to provide the wife maintenance?
The wife can file a maintenance case against her husband in the family court.
Q. Can the wife receive maintenance for the time the case is being run?
Yes. The wife can demand for maintenance for the time the case is being run.