In a significant decision safeguarding women’s rights, the Supreme Court has ruled that a wife’s right to maintenance begins from the moment of nikah and is not conditional on divorce, marital relations, or the husband’s discretion.
The two-member bench, led by Justice Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi, issued a detailed 15-page judgement while setting aside a Lahore High Court decision that had exempted a husband from paying maintenance due to lack of separation.
Right to maintenance a legal duty
The Supreme Court emphasized that the duty of maintenance is a legal obligation of the husband, not a favour that can be withheld.
The ruling noted that the Lahore High Court’s interpretation undermined the spirit of the law and the Constitution, as making maintenance conditional on marital relations gives husbands an excuse to evade financial responsibility.
Gender equality and constitutional rights
The bench stressed that linking maintenance to physical presence negates the principle of gender equality enshrined in the Constitution.
“Making this right subject to marital relations or physical cohabitation affects a fundamental right and provides space for husbands to shirk responsibility,” the decision stated.
Judges urged to avoid stereotypes
The Supreme Court also expressed concern over the language used by the Lahore High Court in its ruling, urging the judiciary to be mindful of wording in sensitive family law cases.
The judgement stated that judges are not merely arbitrators but also leaders with a duty to guide society towards progressive and tolerant thinking. Decisions should affirm the equal legal status of women and avoid stereotypes that reinforce inequality.
The court added that the only scenario in which a husband may be exempted is if he can prove that his wife was kept away without justification.
