Instances of Divorce in Pakistan or Maintenance:
Nazia Law Associates is the best law firm for the cases of divorce in Pakistan and maintenance of wife in Pakistan. For instance: Mr. and Mrs. Minton were divorced in 1972. In 1973 they reached an agreement about the family assets, and it was agreed that Mrs. Minton would be given the matrimonial home in return for £10,000 cash for divorce in Pakistan and maintenance of wife in Pakistan and for agreeing to forgo any maintenance. The agreement was made a consent order by the court.
MRS. Minton’s Point of View:
However, the bargain proved disastrous from Mrs. Minton’s point of view, for she soon found herself deep in Debi, in poor health, and with the children to bring up. In 1976 she applied to the court for maintenance for herself. Held: She was not entitled to maintenance. She had forfeited her right to claim maintenance by agreeing to the consent order, and ill was only fair on her husband that there should be a clean break between them for the divorce in Pakistan and maintenance of wife in Pakistan.
However, this did not, of course, prevent the court from increasing the amount of maintenance for the children, their maintenance settlement being completely separate from that of their mother. Minton (1979). Maintenance: when the DHSS can claim the maintenance, a man is legally obliged to maintain his wife and children. If he does not retain them and claims supplementary benefits (SB, as it is usually called), the DHSS can take him to court to recover the SB payments they have paid out.
Maintenance of Wife:
Regarding the divorce in Pakistan and maintenance of wife in Pakistan these are called “liable-relative proceedings (i.e. because the man is sued for maintenance regarding relatives for whom he is liable). Before the divorce, liable-relative proceedings can be brought by the DHSS for money paid to both the wife and the children. After divorce, the husband is no longer obliged to maintain his ex-wife (unless it made a maintenance order in the divorce proceedings). So it can only bring liable-relative proceedings regarding the children- the divorce does not end the obligation to maintain them.
This is an important point and should be remembered by a husband trying to negotiate a clean break with his wife and children for the divorce in Pakistan and maintenance of wife in Pakistan. The wife may suggest that he gives her the house and that she have no maintenance: this will leave her free to claim SB (whereas if she had maintenance payments, they would reduce her SB entitlement – see above). The attraction for the husband will be that he can make a fresh start and not be burdened by future maintenance payments. But, if the wife claims SB for the children, there is a risk that the DHSS will claim from the ex-husband, and if necessary, start liable-relative proceedings against him. So a husband should not negotiate a clean break from the children if the wife and children have to claim SB.