AMBREEN AKRAM vs ASAD ULLAH KHAN — 2026 SCMR 1 SUPREME-COURT

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AMBREEN AKRAM VS ASAD ULLAH KHAN. Ss. 5, Sched. & 17-A---Muslim Family Laws Ordinance (VIII of 1961), S. 9---Family Courts Act (XXXV of 1964), S. 17-A---Wife's right to seek maintenance despite marriage not being consummated---Scope. A wife's entitlement to maintenance accrues immediately upon solemnization of a valid marriage. Maintenance is an obligation arising directly from the marital contract and has been affirmed by the statutory framework of Pakistan, which treats maintenance as an absolute and enforceable right rather than a conditional or discretionary entitlement. Section 9 of the Muslim Family Laws Ordinance, 1961 empowers a wife to initiate proceedings before the Family Court for recovery of maintenance upon the husband's failure or neglect to provide for her, without requiring proof of consummation, cohabitation or obedience. Similarly, Section 17-A of the Family Courts Act, 1964 enhances the enforceability of such claims by providing an expeditious and summary procedure for recovery of arrears of maintenance. Held: A wife's right to maintenance flows from the existence of a valid marriage and not from performance, consummation, cohabitation or any condition relating to physical relationship. The Supreme Court held that maintenance is a substantive legal right arising from the marital bond and cannot be denied merely because the marriage has not been consummated. The obligation of the husband to provide maintenance commences upon solemnization of a valid marriage and continues unless a legally recognized exception is established. The statutory framework creates a beneficial and protective mechanism for enforcement of a wife's right to maintenance and such right cannot be defeated by relying upon social customs or circumstances unrelated to the validity of marriage. A wife's entitlement to maintenance accrues immediately upon solemnization of a valid marriage.

AMBREEN AKRAM vs ASAD ULLAH KHAN — 2026 SCMR 1 SUPREME-COURT

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