Saturday, December 21, 2024
No menu items!

Get Wife and Child Maintenance Court Orders in favor of Wife

Must Read

Wife and Child Maintenance Court Orders:

For the maintenance of wife in Pakistan or child maintenance court orders you may contact Jamila Law Associates. For Child Custody in Pakistan, U need to Know the Child Custody Law in Pakistan. The Process of Child Custody in Pakistan & Child Custody Procedure in Pakistan is Very Simple & Easy. Husband having more than one wife was valid. A plain reading of S. 9 of the Muslim Family Laws Ordinance 1961 means that a husband has to maintain his wife adequately according to the law of maintenance of wife in Pakistan or child maintenance court orders. If he has more wives than one, he must maintain them equitably. For Child Custody in Pakistan, U need to Know the Child Custody Law in Pakistan. The Process of Child Custody in Pakistan & Child Custody Procedure in Pakistan is Very Simple & Easy.

Convenient Provision:

Therefore, the maintenance should not be a bare minimum sustenance allowance but a convenient provision by what the husband can afford and the wife’s needs. It is not the meeting of the mere wants by way of sustenance because, in these days of inflationary trend and the constant rise in the cost of living index, it is bound to work a hardship on the wife. A person for maintenance of wife in Pakistan or child maintenance court orders taking on the responsibility of marriage has to maintain his wife. It is necessary to ascertain the visible means and the earning capacity of the husband.

Court:

The Court has to consider the wife’s needs and the paying capacity and circumstances of the husband. He is liable to pay maintenance after striking out a balance. The Court dissolves the parties’ marriage; the wife ceases to be entitled to maintenance after the date of passing of such order. She can claim maintenance till the date of dissolution plus for the period of iddat after that. The proceedings of maintenance of wife in Pakistan or child maintenance court orders to enforce a right for maintenance under section 5 read with section 7 of the Act, and under section 488, Cr.P.C. is quite distinct and different, as the former is civil.

Maintenance of Wife in Pakistan:

Regarding the maintenance of wife in Pakistan or child maintenance court orders the latter is criminal or quasi-criminal, and the Consequences of non-compliance of a decree passed under section 12(2) of the Act and order passed under section 488, Cr. P.c. are also quite distinct and different. Therefore, it is not possible to hold that such proceedings are under section 20 of the Act and section 488, Cr.P.C. No doubt the Family Judge is invested with the powers of a Magistrate.1 Class to make an order for maintenance under section 488 of the Code of Criminal Procedure, 1898, and he could entertain the pleadings under either of the jurisdiction.

Simultaneously Act:

Still, he could not simultaneously act under both jurisdictions for maintenance of wife in Pakistan or child maintenance court orders regarding the same subject matter as contended, for the two jurisdictions are quite distinct and different. Protection under section 25, insolvency (Karachi) Act, 1909 cannot be extended to arrest and detention for failure to pay maintenance.  25 language of law signifies all the necessities of life, such as food, clothes, and lodging. Permission and desire are essentially necessary to her.

Maintenance is neither a gift nor a benefit in case of maintenance of wife in Pakistan or child maintenance court orders. Still, the husband’s undeniable legal obligation is to maintain his wife, who is not staying away from Islamic concept. In the without just cause Under S. 9 of the Muslim Family Laws Ordinance, 1961, wife willing to perform conjugal rights but deserted by the husband without lawful excuse, can claim maintenance.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest News

Relax and Explore: Brewery Tours in Charleston SC

Charleston is a beautiful city with much to offer. One of the best ways to experience the city is...

More Articles Like This