Last Updated on March 2, 2023 by Awais Aftab
Law of Wife and Child Maintenance Dispute:
If you wish to know the law of wife maintenance law in Pakistan or child maintenance dispute in Pakistan you may contact Jamila Law Associates. As held by Alif Din v. Shaukat Ali, the matter has been entertained in another forum. On the coming into force Act, the case has gone to the exclusive jurisdiction of a platform created by the Act; it shall be heard and adjudicated by the new forum for wife maintenance law in Pakistan or child maintenance dispute in Pakistan.
Suit entertained by Senior Civil Judge who has later constituted a Family Court can continue to listen and adjudicate upon the same in the capacity of a Judge Family Court. Even if a Civil Judge is nominated subsequently as Judge Family Court, proceedings before him cannot be termed as being without jurisdiction merely. Because he signed the decree and order as “Senior Civil Judge” instead of “Judge Family Court.” it cannot grant past wife maintenance law in Pakistan or child maintenance dispute in Pakistan.
It can give the father’s application for custody of minor being pending before Guardian Judge, future maintenance until the decision to apply father to a child. 21. Hanafi Law. Under the strict Hanfi School of Law, past maintenance is not granted. It is available only from the date of the application. According to F, D, Mulla, if the husband neglects or refuses to maintain his wife without any lawful cause, the wife may sue him for maintenance.
Child Maintenance Dispute:
Regarding the wife maintenance law in Pakistan or child maintenance dispute in Pakistan she is not entitled to a decree for past maintenance unless the claim is made on a specific agreement.” While dealing with the subject, Mr. Justice Zakaullah Lodhi of Quetta High Court observed: “In Principles of Muhammadan Law by Faiz B. It says that a neglected wife, Honda by name, complained to the Holy Prophet Peace be upon him) that her husband was economically well off. Yet, as he was extremely miser, he did not allow adequate food to her, and the Holy Prophet allowed her to take away from the foodstuff stored in the house as much as her genuine needs permitted for wife maintenance law in Pakistan or child maintenance dispute in Pakistan. This incident does not deal with the past maintenance as that was not in question.
Still, one thing that comes out crystal clear from this historical episode is the factum of emphasis on a wife’s right to be maintained by her husband—taking of foodstuff without the knowledge or permission of the husband. Otherwise amounted to theft according to the norms prevalent in society as well. The Holy Prophet permitted only to avoid hardship to a wife and prove her with her rightful claim of maintenance. Here we may further add, and we have great respect for all, the Muslim Jurists. Still, at the same time, we feel that the opinion of such Jurists should find preference which is more akin to reason and pre Shafii and Shariah school of thought on this topic of wife maintenance law in Pakistan or child maintenance dispute in Pakistan. Surely that is what we have tried to do while adopting the view.
Read more: Children and Rich Working Wife get Maintenance – Jamila Law Associate
How much maintenance does the wife need after the divorce?
The question of how much maintenance a wife needs after a divorce is a complex and nuanced issue that depends on various factors. These factors can include the length of the marriage, the earning capacity of both parties, and the lifestyle enjoyed during the marriage. In general, the goal of maintenance is to ensure that the wife’s financial needs are met following the divorce.
One common method for determining the amount of maintenance is using alimony calculators, which consider factors such as income, expenses, and the length of the marriage. However, these calculators are not always accurate and may not consider unique circumstances that may affect the wife’s financial needs.
Ultimately, the determination of maintenance is made on a case-by-case basis and may require negotiation between the parties or a court decision. Both parties need to consult with legal and financial professionals to ensure that a fair and reasonable amount of maintenance is agreed upon.