Last Updated on February 28, 2023 by Awais Aftab
Children and Rich Working Wife get Maintenance:
The law of Pakistan says that working women get maintenance under child maintenance law in Pakistan. The conjectural inference drawn cannot, in law, suffice to deprive the aggrieved party of his right. Where there is no evidence to justify the finding of the lower Court, interference by the High Court, held, justifiable and unexceptionable when working women get maintenance under child maintenance law in Pakistan. For Wife Maintenance In Pakistan & Second Wife Maintenance, U need to Perform the Child Maintenance Law in Pakistan with the help of female lawyer in Lahore.
Family Cases:
However, in family cases, the High Court, in the exercise of its constitutional jurisdiction, is not supposed to act as a Court of appeal and take upon itself the duty to decide the controversial question of fact. A finding of fact arrived out by the Family Court cannot be interfered with by the High Court. It has repeatedly held that a Court or Tribunal set up under the ordinary law has the jurisdiction to decide. It rightly or wrongly, and the decision is incorrect or is not at which the High Court would have arrived does not render the decision without jurisdiction.
Court:
From the above, the settled proposition of law is where a Court or Tribunal has jurisdiction. It determines the question when working women get maintenance under child maintenance law in Pakistan; it cannot say that it acted illegally or with material irregularity merely because it came to an erroneous decision on a question of fact or even law. Where Court’s below have jurisdiction and lawful authority to decide the matter on merits, it is not open to interference in constitutional jurisdiction unless until miscarriage of justice is established by a party in a constitutional petition.
Children Maintenance Law in Pakistan:
When working women get maintenance under child maintenance law in Pakistan High Court would not interfere in the judgment and decree passed by the Court. Of competent jurisdiction because it is within the exclusive jurisdiction of the Judge Family Court to believe or disbelieve evidence and that the Judge has given reasons in support of his conclusion. For applying the principle of res judicata, one of the essential ingredients is that the Court deciding the former suit should have been meeting to decide the subsequent one when working women get maintenance under child maintenance law in Pakistan. As such, the subsequent suit brought for the Civil Court for recovery of dowry is not barred by the principles of res judicata.
Wife Divorced:
A wife may apply for divorce on the ground of being. If she fails in the suit that will not have a handle to the husband to beat the wife or not pay the maintenance by saying that she cannot go to the Court again and get a decree on this ground. The suit earlier filed failed according to the pleadings and evidence of the parties in that suit when working women get maintenance under child maintenance law in Pakistan. If circumstances arise that made the parties’ lives impossible to lead within limits prescribed by Islamic Law, it would be open to the wife to seek dissolution of marriage on the ground that Khula had earlier failed. The suit instituted by the husband for restitution of conjugal rights was decreed. Subsequently, the wife filing suit for dissolution of marriage based on Khula.
Is the working wife eligible for maintenance?
In most countries, the answer to whether a working wife is eligible for maintenance in the event of a divorce depends on a variety of factors, including the duration of the marriage, the income of both spouses, and their respective contributions to the household. In general, the purpose of maintenance payments is to ensure that both spouses can maintain a similar standard of living to what they had during the marriage.
If a wife is working and has a steady income, this may be taken into account when determining maintenance payments. However, her income alone may not be sufficient to meet all of her needs, especially if she has children to support. In such cases, the court may order her husband to provide additional financial support to help cover the costs of child care, housing, and other living expenses.
It’s important to note that the decision to award maintenance to a working wife is not automatic, and each case is assessed on its own merits. The court will consider factors such as the wife’s income, her earning potential, and the standard of living enjoyed during the marriage before making a decision. Ultimately, the goal of maintenance is to ensure that both spouses can maintain a reasonable standard of living, regardless of whether they are working or not.
