As per Muslim personal law it is the liability or duty of the husband to maintain her wife according to the means and financial status of the husband. Husband’s liability of maintenance of wife or maintenance of wives remains their even if the rukhsati of the wife has taken place or not. If the rukhsati of the wife has not taken place still maintenance of wife in Pakistan can be claimed by the wife because the husband is duty bound for the maintenance of wives or maintenance of wife in Pakistan. Husband is bound to pay monthly allowance to wife till the marriage remains intact even after the divorce the husband is bound to pay monthly allowance to wife till the period of iddat. Even if the wife is taking khula from the court still she can claim monthly maintenance from the court till the decree of khula is finalized till the period of iddat. The court in deciding the rate of maintenance in Pakistan check the financial condition of the husband. The much better the financial condition of the husband is proved ,The much better the monthly allowance is fixed by the court. The court which fixes the monthly amount for payment by husband to the wife also have the right to enforce its judgment. If in case the husband does not pay the monthly amount to the wife, The court will issue warrant to arrest the husband and will send the husband in jail if he fails to pay the amount any month.
In the case of maintenance If the husband is living abroad and cannot come to Pakistan then He will send a power of attorney to someone here in Pakistan and such power of attorney will continue the case and appear on his behalf in the court. If the husband is abroad and a monthly allowance is fixed by the court then the question here arises that How the money will be recovered from a husband who is not in Pakistan? The answer to this question is that initially the court will confiscate all the properties of husband in Pakistan and then sale it and recover the maintenance amount. Incase the husband don’t have any property in Pakistan then the court will write a letter to the Pakistani embassy or consulate abroad and ask them to depot the husband. Once the husband is deported, He will be arrested and sent to jail until the maintenance is paid.
The wife can not only ask the court for future maintenance from the husband but also demand past maintenance from court for all those period for which the husband failed to maintain the wife. For example if the wife is deserted from the house of husband three years back and the husband did not maintain the wife for last three years then the wife while filling the case will also demand the maintenance of last three years.
If you are looking to file or contest the case of maintenance then we can give you the services of Best attorney in Lahore Pakistan and the best barrister in Lahore Pakistan. So feel free to contact Aazad Law Associates as we have the Best attorney in Lahore Pakistan and the best barrister in Lahore Pakistan for all the cases of maintenance.