The Concept of Maintenance under Muslim Law | Civil Law for Judiciary Exams PDF Download

Maintenance under Muslim Law

• Definition of Maintenance (Nafqah): Maintenance, known as "Nafqah," refers to the support provided by an individual to their family, encompassing expenses related to food, clothing, and lodging.
• Purpose of Maintenance: The concept of maintenance aims to assist individuals who are unable to support themselves. It includes financial assistance, means of livelihood, and access to educational resources.
• Responsibility in Marriage: In marriage, it is the husband's duty to maintain his wife and fulfill all her essential needs.
• Protection of Rights: Maintenance is designed to safeguard the rights of the wife and ensure she leads a dignified life. Even after divorce, the husband is obligated to provide maintenance if the wife cannot support herself.
• Beneficiaries of Maintenance: Maintenance is not limited to wives; it also extends to children, parents, grandparents, grandchildren, and other blood relations who are unable to support themselves.
• Financial Considerations: The amount of maintenance provided is determined by the financial capacity of the individual responsible for maintenance.
• Position of Women: Under Muslim law, women are considered dependent on men for support. Therefore, husbands are required to provide maintenance to their wives regardless of the wife's financial independence.
• Eligibility for Maintenance: Apart from the wife and minor children, other relatives are generally not entitled to maintenance. However, it is the responsibility of each Muslim to provide maintenance for ancestors and descendants, subject to their financial capabilities.
• Reciprocal Maintenance: Individuals who provide maintenance can also seek maintenance from those they support, provided the supporting party is not financially destitute.

Who is Entitled to Maintenance?

• The wife
• The children
• The parents and grandparents
• The other relations

Maintenance of Wife

• According to Muslim law, men are considered superior to women, who are seen as dependent on men. Even after divorce, it is the husband's responsibility to provide maintenance to his wife.
• The husband is obligated to provide proper maintenance to his wife regardless of his financial situation. This obligation continues even after the dissolution of marriage.
• Whether the wife is Muslim or non-Muslim, rich or poor, healthy or unhealthy, she has the absolute right to receive maintenance from her husband.

Quantum of Maintenance

• The specific amount of maintenance is not specified in any matrimonial statute. It is decided by the court based on the circumstances of the husband and wife.
• In addition to maintenance, the husband is also required to provide other agreed-upon expenses such as Karachi-I-pandan and Meva-kohri to the wife.

Exceptions to Wife's Right to Maintenance

• The wife may not be entitled to maintenance under certain circumstances that are determined by the court.

Conditions for Entitlement to Maintenance in Marriage

• Marriage being irregular or void
• Announcement of marriage without valid reason
• Failure to obey reasonable orders of the husband
• Under Shia law, the wife of a muta marriage not entitled to maintenance
• Wife refusing to stay with husband without valid reason or due to imprisonment
• Wife being under 15 years of age and not having attained puberty

It's important to note that a wife can still claim maintenance even if she disobeys her husband in certain circumstances.

Exceptions to Maintenance Claim

• Husband keeping a concubine
• Husband being cruel towards his wife
• Inability to consummate the marriage due to various reasons

Pre-nuptial Agreement

If a wife sets conditions before marriage regarding living separately or claiming maintenance, these conditions hold weight.

Rights of a Muslim Wife

• The husband must not mistreat his wife.
• He cannot marry another woman or keep a concubine.
• The wife may receive a special allowance known as Kercher iPad if specified in a prenuptial agreement.

Divorced Wife's Right to Maintenance under Muslim Law and Section 125 of CrPC

• According to Muslim law, a wife's right to maintenance is absolute during marriage but becomes limited after divorce. Post-divorce, she is only entitled to maintenance until the Iddat period, which lasts for three menstrual cycles or three lunar months. Following Iddat, Muslim law does not mandate maintenance for the wife. In the Hanafi school of Law, a divorced Muslim wife can receive maintenance during the Iddat period, whereas in the Shefai law, she may not receive any maintenance post-divorce.
• This situation poses challenges for Muslim wives since men have the liberty to divorce thrice, while women lack proper support under Muslim law. If a divorced woman is unable to support herself after Iddat, the husband bears no responsibility, leaving her with no means of sustenance.

Section 125 of CrPC: Maintenance for Divorced Wives of All Religions

• Section 125 of the Criminal Procedure Code (CrPC) ensures maintenance for divorced wives of all religions. This provision aims to support women financially post-divorce, irrespective of their religious background.

Maintenance Laws Overview

• After divorce, a wife who cannot support herself is entitled to maintenance from her husband until she remarries.
• Minor children, whether legitimate or illegitimate, who are unable to sustain themselves are also eligible for maintenance.
• Major children with physical or mental disabilities that prevent them from self-support are included, excluding married daughters.
• Parents who are unable to support themselves fall under the provisions of maintenance laws.
• The law extends these provisions to Muslim women, ensuring maintenance even after the Iddat period.

Interim Maintenance and Legal Expenses

• Interim maintenance and litigation costs should be provided within 60 days from the date of notice service.

Secular Maintenance Laws

• The maintenance laws are secular, applying uniformly across all personal laws.
• There has been a conflict between these laws and Muslim laws, notably discussed in the case of Shah Bano vs Muhammad Ahmad Khan.

Shah Bano vs Muhammad Ahmad Khan Case

Shah Bano Begum, a 62-year-old lady, filed a petition under Section 125 of CrPC before a Judicial Magistrate in Madhya Pradesh. She claimed maintenance from her husband who had divorced her and refused to provide support, citing Muslim law that exempts divorced wives from maintenance after the Iddat period.

Legal Case on Maintenance Rights in India

• The Initial Ruling: Initially, the magistrate decreed that a husband must provide his wife with a monthly maintenance of ₹25 under Section 125 of the CRPC.
• Shah Bano's Appeal: Shah Bano, dissatisfied with the amount, filed a revision petition in the High Court of Indore seeking an increase in maintenance. The Indore High Court raised the maintenance to ₹179.20 per month.
• Supreme Court Intervention: Appealing against the High Court's decision, Mohammed Ahmed Khan approached the Supreme Court. The Supreme Court upheld that a Muslim wife is entitled to maintenance post the Iddat period if she cannot support herself.
• Impact of the Judgment: This ruling sparked controversy leading to the enactment of the Muslim Women (Protection of Rights on Divorce) Act in 1986. This law specified that a husband is only obligated to provide maintenance during the Iddat period. If the wife remains unable to support herself post Iddat, she may seek assistance from the Wakf Board or her husband's relatives.The act caused confusion in the legal system due to its ambiguity.

Resolution by the Supreme Court

To address the confusion, the Supreme Court of India clarified the law in a subsequent case.

Daniel Latifi vs. Union of India AIR 2001 SSC 958

• Writ petition was filed challenging the validity of an act for which the court has stated as under:
• According to section 3 of the act, a Muslim husband is obligated to provide a fair and reasonable amount of maintenance to his wife and ensure proper arrangements for her maintenance post-divorce.
• The liability of a Muslim husband under this act extends beyond the Iddat period; he must make provisions for his wife's maintenance after divorce.
• A divorced woman is entitled to maintenance under Section 4 of this act from her relatives who are heirs to her property after her demise.
• If her relatives are unable to support her, the Wakf board established by this act steps in to ensure the maintenance of such women.
• The magistrate is empowered to direct the Wakf board to provide maintenance to these women. The Supreme Court, based on these considerations, upheld the constitutionality of the act.

Children's Maintenance Responsibilities

Children are the responsibility of their parents, who are mandated to provide proper and adequate maintenance. Specifically, the father holds the primary responsibility for the maintenance of the child. Under Muslim law, men are considered the heads of the family and are obligated to provide for their families, with child maintenance being a crucial aspect.

Entitlement to Maintenance:

• As per Wilson, a son is entitled to receive maintenance from his father until he reaches the age of majority as per the Indian Majority Act.
• According to Mulla and Faizi, a son is entitled to maintenance from his father until he reaches puberty.
• The father is obligated to provide maintenance for his daughter until she is married.
• A widowed or divorced daughter also has the right to receive maintenance from her father.

Exceptions to Maintenance:

• A father is not required to maintain his son or unmarried daughter if they unjustifiably refuse to live with him.
• Under Muslim law, a father is not obliged to maintain his illegitimate child.
• Under Section 125 of the CRPC, a father must provide maintenance for his child, regardless of legitimacy, if he has sufficient means.

Mother's Obligation:

• A mother's responsibility to maintain her child arises when the child is illegitimate, and the husband has declined to provide maintenance.

Parental Maintenance Laws in Islamic Jurisprudence

• According to the Hanafi law, if the father is financially incapable and the mother is affluent, it becomes the responsibility of the mother to support the child. However, she can seek reimbursement when the husband is able to repay the amount.
• In contrast, under the Shafi'i law, even if the father is poor and the mother is wealthy, the mother is not obligated to financially support the child. In such cases, the responsibility falls upon the grandfather to provide for the child.