Under Muslim law, a husband is obliged to maintain his wife and family, and the term maintenance signifies the amount he is liable to pay for the same. The term used for maintenance under Muslim Law is called nafaqa.
What all is covered under maintenance
1. Food
2. Clothing
3. Residence
4. Education
5. Medical Treatment
6. Wedding Expenses ( Unmarried daughter )
People Entitled To Maintenance Under Muslim Law
1. Wife
2. Children
3. Parents and Grandparents
4. Other Relation
Maintenance of Wife
Maintence to wife can be divided under 4 parts
1. As obligation of marriage
2. On basis of a pre- nuptial agreement
3. under section 125 CrPC
4. Under muslim women ( protection of right on divorce ) Act 1986
AS Obligation Of Marriage
The husbands obligation to maintain his wife exists so long as the wife remains faithful to him and obrys all his reasonable orders.
A wife can claim maintenance even if she disobeys her husband, if:
1. The husband keeps a concubine
2. The husband is guilty of committing cruelty toward his wife
3. The marriage cannot be consummated owing to his illness malformation
his husband from her without her prior permission or the husband has
still not attained the age of puberty.
On basis of a pre- nuptial agreement
1. If wife has made condition before the contract of marriage, that in so and so conditions she would be entitled to live separately and can claim maintenance against husband.
2. The condition could be that the husband will not ill- trear her, or take a second wife or keep a concubine
3. The wife is also entitled to a special allowance called Kharcha- i – pandan if it is stipulated in pre-nuptial agreement.
A Husbands liability to provide maintenance to wife who is divorced is only limited to iddat period.
Section 125 – Cr.P.C
Judicial magistrate first class can order a person to make monthly allowance for the maintenance of the following if court gets proof of neglect of the person wife sufficient means who is refusing to maintain:
1. Wife unable to maintain herself
2. Legitimate or illegitimate minor child ( married and unmarried both) to maintain itself .
3. Father or mother , unable to maintain himself or herself
Mohd. Ahmed khan v. Shah Banu Begum (1985)
In this case the supreme court delivered a judgement saying that A women has a right to claim maintenance under Section 125 of Cr.P.C as the code is a criminal law and not a civil law .
According to supreme court there was no conflict between Section 125 Cr.P.C and muslim personal law because 125 Applies to all regardless of caste creed or religion and it is criminal in nature unlike muslim personal law which is civil.
The Muslim Women ( Protection of Right on Divorce Act, 1986
1. Parliament for its vote bank politics gave up to the protest and enacted this law diluting the Shahh bano judgement of supreme court.
2. This act limited the liability of husband to pay the maintenance till the iddat period only (which is what is mentioned the muslim personal law)
3. After the iddat period if the woman is unable to support herself her relatives which would have inherited her her property would maintain her and if she has no such relatives the waqf board will pay for the maintenance.
Daniel Latifi V. Union Of India ( 2001)
1. Court said that Muslim husband’s liability under this act is not limited to iddat period . he has to make arrangement within the period of iddat for her wife’s maintenance .
2. So the maintenance would also account for after the iddat period but the husband must arrange it before the end of iddat .
3. But the court also held the muslim women ( protection of right on divorce) Act, 1986 as constitutional.
About the author –
This article has been written by Noor Fatima, 3rd year law student at City Law College, Barabanki.
