Islamabad (TASSAWAR NEWS) The Supreme Court of Pakistan has ruled that a wife’s right to maintenance (nafaqah) is not conditional upon consummation of marriage or rukhsati (formal send-off). Instead, the husband becomes responsible for providing maintenance immediately after the nikah contract is solemnized.
The two-member bench, headed by Justice Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi, announced the verdict on a petition filed by Ambreen Fatima, challenging the Lahore High Court’s earlier ruling.
In its 15-page written judgment, the Supreme Court stated that a husband is obliged to provide maintenance from the moment he says “yes” during the nikah ceremony.
The judgment further clarified that a husband can only be exempted from this responsibility if he proves that his wife was wrongfully kept away from him, or if the wife, without any valid reason, refused to establish marital relations.
The Court highlighted that the case raised two fundamental questions between Islamic law, constitutional rights, and social realities:
- At what point within marriage does a Muslim woman become entitled to maintenance?
- Under what circumstances can a husband be exempted from providing financial support to his wife?
According to case details, Ambreen Fatima married Asadullah in November 2012. Despite a valid nikah certificate, Asadullah did not take his wife home for over a year. In 2013, Ambreen filed a case for maintenance.
The Faisalabad Family Court accepted her petition and ordered Asadullah to pay Rs. 3,000 per month as maintenance, which was later increased to Rs. 5,000 by the District Court.
In May 2014, Asadullah divorced Ambreen. Subsequently, the Lahore High Court overturned the lower courts’ decisions, ruling that since no marital relations were established, Asadullah was not obligated to provide maintenance.
The Supreme Court has now reversed that decision, affirming that maintenance is a binding duty on the husband from the very moment of nikah.
