MAINTENANCE UNDER

MUSLIM LAW - WIFE

Name Ashma Sanjeeva

Seat No. - 126
 Under Muslim law, the following persons are entitled to maintenance:
1. the wife,
2. the children,
3. the grandparents, and
4. the other relations.

The husbands obligation to maintain his wife arises in the following

two circumstances:
(a) on account of status arising out of a valid marriage, and
(b) on account of a pre-nuptial agreement entered into between
the parties to the marriage, or between the parents in case both
the parties or one of them is a minor.
OBLIGATION ARISING OUT OF
STATUS
A Muslim husband is bound to maintain his wife even if
she is rich, and notwithstanding that the husband is
without any means.
The maintenance of the wife comprises food, clothing
and lodging, i.e., separate house or at least separate room
which can be locked, for the well-to-do also a servant;
she is not obliged to bear any part of the expenses of the
matrimonial establishment.
The wifes right to maintenance is a debt against the
husband and has priority over the right of all other
persons to receive maintenance.
 A Muslim husband is only bound to maintain his wife of
a valid marriage and not the wife of a void or irregular
marriage.
Exception: When the marriage is irregular for want of
witnesses.
The husbands obligation to maintain his wife exists only
so long as the wife remains faithful to him and obeys all
his reasonable orders.
A wife does not lose her right to maintenance, if:

(a) she refuses access to him on some lawful grounds,

such as when the husband keeps a concubine, or is guilty
of cruelty towards her, or
 (b) marriage cannot be consummated owing to,
(i) husband having not attained puberty,

(ii) his absence from her without her prior permission, or

(iii) his illness, or

(iv) malformation.

A wife cannot realize her right of maintenance except after

it has become due.
QUANTUM OF MAINTENANCE
Under the Hanafi law, the rank and the financial position
of both the parties are to be considered.
Under the Shafii law, only the financial position of the
wife is to be considered and the amount of maintenance
is to be determined on the basis of wifes requirements of
condiments, food, clothing, residence, service and
implements of anointing, due regard being also had to
the custom of her equals among her own people in the
same city.
THANK YOU