The Supreme Court has ruled in a written judgment that expenses of wife is not conditional on marital relations or separation, nor it is the discretion of the husband but It is the wife’s right that arises without any condition as soon as the marriage is concluded and its payment is the legal duty of the husband.
A two-member bench of the Supreme Court comprising Justice Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi issued a 15-page judgment in a case related to wife’s expenses and children care.
The Supreme Court said in its judgment that the right to maintenance begins with marriage and its observance is a legal duty. Waiting for separation strengthens this right, making it conditional on marital relations affects this right and gives husbands an opportunity to avoid financial liability.
The court has said that the husband can be declared exempt from maintenance only if he proves that the wife was kept away without any reason. Otherwise, this obligation is mandatory.
A two-member bench headed by Justice Mansoor Ali Shah, while quashing the Lahore High Court decision, also expressed concern over the language used in the Lahore High Court decision.
The court said that language should be used that is based on the affirmation of equal legal status of women, decisions should be based on avoiding stereotypes and promoting tolerance.
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