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Way of Maintenance of Child Under Muslim Law through Wife

Way of Maintenance of Child Under Muslim Law through Wife

Maintenance of Child Under Muslim Law through Wife:

 If you want to know the maintenance of wife law in Pakistan or maintenance of child under Muslim law, you may contact Jamila Law Associates. The two treatments are open to all cases of lack of maintenance, whether adequate or inadequate under maintenance of wife law in Pakistan or maintenance of child under Muslim law. There is no reason to hold that both relate to different kinds and categories of such claims.

Arbitration Council:

 On Arbitration Council, withdrawing proceedings without proper notice is illegal. Having acknowledged the petitioner’s nominee’s withdrawal, the Arbitration Council proceeded on the assumption that a new statement was necessary to be served on the petitioner before they would precede any further under maintenance of wife law in Pakistan or maintenance of child under Muslim law. The question arises whether Arbitration Council Could has moved from that stage onward without satisfying itself.

Petitioner:

The petitioner has sufficient opportunity to either appear before them or nominate another arbitrator on his behalf. No written statement has been filed to dispute the facts stated in the writ petition. Obviously, due to service difficulties, the petitioner was not allowed to leave. As the relevant dates show, he was in a position to appear before the Arbitration Council to put forth his case in opposition to the application made by respondent No. 2. The order passed by Arbitration Council is itself a sketchy one. There is no discussion of any question about the liability of the petitioner under maintenance of wife law in Pakistan or maintenance of child under Muslim law. Keeping in view all the circumstances of the case, it did not afford him sufficient opportunity of showing cause against the application made by his wife before the Arbitration Council. For that reason, the order passed by the Council is illegal and without lawful authority and of no legal effect.

Maintenance of Wife Law in Pakistan:

Objection to territorial jurisdiction for maintenance of wife law in Pakistan or maintenance of child under Muslim law was valid. The objection to the Court’s territorial jurisdiction must be raised at the earliest possible opportunity and is not raised; the same would be deemed to have been waived. Husband’s responsibility to maintain his wife Commences with the performance of marriage subject to certain conditions.

Marriage in Islam:

Marriage in Islam is like a contract. On the contrary, maintenance is an obligation that is one of the essential ingredients of marriage, liable to suspensions or forfeiture under certain circumstances of maintenance of wife law in Pakistan or maintenance of child under Muslim law.  Husband not making any effort to rehabilitate his wife through any Court proceeding by filing a suit for restoration of conjugal rights during her deserted period would be liable to maintenance for that period.”

Second Wife:

Husband, before taking a second wife, agreeing with his first wife undertaking to provide her maintenance. Husband agreeing by compromise deed to live along with his wife in a separate house provided by her wife’s parents, cannot take the plea that wife was not entitled to get her maintenance allowance, and she was not living with him in his house. Husband admittedly was a practicing lawyer hence Rs. 1,000/- per month each as maintenance allowance to wife and a school-going daughter aged four years was too meager an amount under maintenance of wife law in Pakistan or maintenance of child under Muslim law.

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