MUHAMMAD ASLAM CHATTHA vs SHEHNAZ AKHTAR ZAHOOR AHMED — 2026 PLD 308 SUPREME-COURT

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MUHAMMAD ASLAM CHATTHA VS SHEHNAZ AKHTAR ZAHOOR AHMED. S. 5, Sched.---Past maintenance claim by wife---Scope---Husband's obligation to provide maintenance for wife---Islamic marriage encompasses both spiritual and practical dimensions, with significant legal obligations and consequences---One of the primary responsibilities that arises from this contract is the husband's duty to provide maintenance for his wife, which must be commensurate with his financial means for the duration of the marriage---Once this legal obligation is established, it becomes enforceable through the judicial system, supported by the community's recognized legal norms---Importantly, any argument suggesting that past maintenance cannot be claimed, while only current maintenance is allowable, effectively imposes a condition on the contract that is not legally supported---It is crucial to understand that the enforceability of the contract, along with all its associated obligations, is immediate upon any breach of the contract---In cases concerning maintenance allowances, a wife's cause of action arises the moment her husband begins to neglect his duty to support her---Therefore, an argument asserting that delays in approaching the court would exempt the husband from liability for past maintenance lacks both reason and logic---The time elapsed prior to the wife's court action will still be taken into account when determining the duration for which maintenance is owed---In this context, arrears in maintenance are considered an outstanding debt owed by the husband, who remains liable to fulfil this obligation regardless of any formal agreements or decrees in favour of the wife---Under Islamic law, a wife is only required to demonstrate that her husband has neglected her for a specific period and has not provided the maintenance to which she is entitled, without any fault on her part---If it is ascertained that the husband has failed in his duty to support her, he becomes liable not only for future maintenance but also for any past due amounts, reflecting the period during which she was deprived of financial support---It is also important to note that Quranic verses indicate that a husband is responsible for providing maintenance to his wife, including a divorced wife during her waiting period, based on his means and ability.

MUHAMMAD ASLAM CHATTHA vs SHEHNAZ AKHTAR ZAHOOR AHMED — 2026 PLD 308 SUPREME-COURT

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