The question which requires determination by this Court is that where a Nikah between the spouses has been performed, however, the marriage is not consummated as the Rukhsati has not taken place, in such an eventuality, whether a wife is entitled to maintenance allowance?

Under section 5 of the Muslim Family Laws Ordinance 1961 (Ordinance), every marriage solemnized under the Act has to be registered and once a man and a woman enters into a marital bond they become HUSBAND and WIFE. Section 9 of the Ordinance spells out that where a HUSBAND fails to maintain his WIFE, she in addition to seeking other legal remedies (as contemplated in West Pakistan Family Courts Act 1964) can also seek maintenance allowance. It shall not be out of place to mention here that no condition of Rukhasti or consummation of marriage has been mentioned therein.

The delinquency as to not seeking Rukhsati or not performing the marital obligations/conjugal rights is on part of the husband as wife was ready and willing to perform her marital obligations/conjugal rights being the lawfully wedded wife , thus, she has rightly been held entitled to maintenance allowance from the period when the Nikah was solemnized.

W.P.No.355 of 2023
Ahsan Nawaz Vs. Judge Family Court, etc.
Date of hearing
15.03.2023