MAINTENANCE RIGHT OF A MUSLIM WIFE: LAW, ISSUES & PERSPECTIVE

Maintenance includes all the basic necessities of life, which is required by a person for the sustenance of his or her life. The term “Maintenance” is not defined in Muslim Law as such but reference can be given of Hindu Law 2 on maintenance which defines the term as follows: “in all cases, provisions for food, clothing, residence, education and medical attendance and treatment; in the case of an unmarried daughter, also the reasonable expenses of and incident to her marriage.” According to Halsbury’s law of England,3 maintenance is the name given to the weekly or monthly payments which may be ordered on a decree of divorce, or nullity to be made for the maintenance and support of the wife during the joint lives of the spouses, maintenance for the children is a similar provision for their benefit, which may be made in proceedings for divorce, nullity, judicial separation and restitution of conjugal rights. Maintenance varies according to the position and status of the persons concerned.