Wife and Maintenance of Child Under Muslim Law:
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Bad Blood:
Bad blood existed between the parties as exchange marriage has ended into divorce on the other side. As the husband did not take any step to take his wife home, she is undoubtedly entitled to past maintenance under maintenance of wife law in Pakistan or maintenance of child under Muslim law. However, such care cannot be allowed beyond a period of six years. The Family Court could only allow maintenance for six years proceeding the period of the institution of the suit. Suit for recovery of medical costs incurred by wife on the birth of her son is maintainable. Muslim Family Laws Ordinance, 1961 to override other laws.
Muslim Family Law
Muslim Family Laws Ordinance, 1961 to have overriding or supplemental effect to provisions of any other statute on the question of maintenance of wife law in Pakistan or maintenance of child under Muslim law. The provisions of the W.P. Family Courts Act, 1964 are of a more beneficial nature that enlarges the scope of the inquiry and vest the Court with powers of giving more excellent relief with a right of appeal.
Maintenance of Wife Law in Pakistan:
Regarding the maintenance of wife law in Pakistan or maintenance of child under Muslim law the combined effect of sections five is clearly to provide exclusive jurisdiction to the Family Courts without, in any way, diminishing or curtailing rights already p, it issued by a litigant about the scheduled matters. All that the Family Courts Act has done has changed the forum, altered the remedies. The Family Courts have jurisdiction to give past maintenance to a wife on her suit filed under section 5 of the W.P.
Family Court:
Family Courts Act, 1964 for maintenance of wife law in Pakistan or maintenance of child under Muslim law. There is no manner of doubt that the underlying object in making this provision is to furnish a more straightforward, cheaper, and more practical reedy to neglected wives than the one already available to them under section 488 of the Code of Criminal Procedure. The Law-giver intends to classify maintenance cases into two categories, i.e., those of a total absence of maintenance and inadequate maintenance.
We have thus no hesitation in saying that a case of insufficient care also includes a point of complete lack of maintenance and the new remedy now made available to a neglected wife under the Muslim Family Laws on maintenance of wife law in Pakistan or maintenance of child under Muslim law. The Ordinance is no alternative, to be invoked by inadequately maintained wives only, but has been made available in addition to a similar remedy already provided in section 488, Cr.P.C.