MAIN T E N A N C E

MUSLIM LAW
INTRODUCTION
• MAINTENANCE MEANS PROVISIONS FOR FOOD, SHELTER, CLOTHING ETC.
• MAINTENANCE OF CHILDREN AND OLD PARENTS IS OBLIGATION UNDER MUSLIM LAW.
• CONCEPT OF MAINTENANCE DEPENDS ON 2 SIGNIFICANT PRINCIPLES:
1. ISLAM PERMITS MAINTENANCE OF ONLY THOSE WHO ARE DEPENDENT ON OTHERS (IMMATURITY, OLD
AGE OR NO MEANS TO SUPPORT THEMSELVES)
2. THE OBLIGATION TO MAINTAIN IS REASONABLY RESTRICTED. I.E., MAINTENANCE IS TO BE PROVIDED
FROM THE PROPERTIES OF THE PERSON TO BE MAINTAINED (WIFE IS AN EXCEPTION TO THIS RULE)
PERSONS ENTITLED TO BE MAINTAINED
• RIGHT TO MAINTENANCE DEPENDS ON THE BASIS OF
# MARRIAGE
1. WIFE
# BLOOD RELATION
2. YOUNG CHILDREN
3. PARENTS
4. OTHER RELATIONS WITHIN THE PROHIBITED DEGREES.
MAINTENANCE OF WIFE

• THE WIFE’S RIGHT TO BE MAINTAINED BY HER HUSBAND IS HER ABSOLUTE RIGHT.

• ARISES FROM HER STATUS.
• HUSBAND HAS TO MAINTAIN HER EVEN IF SHE HAS ALL THE MEANS AND EVEN IF THE HUSBAND DOESN’T
NOT HAVE ENOUGH MEANS.
CONDITIONS FOR THE WIFE’S RIGHT OF MAINTENANCE

• MARRIAGE SHOULD BE VALID.

• DUTY TO MAINTAIN STARTS WHEN WIFE ATTAINS PUBERTY AND NOT BEFORE THAT.
• HER RIGHT DEPENDS ON HER FAITHFULNESS AND OBEDIENCE TO HER HUSBAND.
• BUT IF HER CONDUCT IS JUSTIFIED IN THE EYES OF LAW, SHE CAN CLAIM MAINTENANCE. EXAMPLE: SHE’S
LIVING SEPARATELY BECAUSE OF HUSBAND’S CRUELTY.
ENFORCEMENT OF WIFE’S RIGHT TO MAINTENANCE

• ENFORCEMENT UNDER MUSLIM PERSONAL LAW

• ENFORCEMENT U/S 125 OF CR.PC