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

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AMBREEN AKRAM VS ASAD ULLAH KHAN. Ss. 5, Sched.---Muslim Family Laws Ordinance (VIII of 1961), Ss. 5 & 9---Constitution of Pakistan, Arts. 14, 25 & 35---Accrual of wife's right to maintenance immediately upon solemnization of a valid marriage regardless of its consummation---Husband's obligation to pay maintenance---Exception stated---Burden of proof upon husband. A wife's right to maintenance flows unconditionally from solemnization of a valid marriage and constitutes a binding legal obligation upon the husband. Held: A husband may be excused from payment of maintenance only in very limited circumstances where he proves through clear, cogent and compelling evidence that the wife has wholly and unjustifiably repudiated the marital relationship including emotional, residential and relational aspects. The burden of proof lies squarely upon the husband to establish such exception. Absent such proof, the obligation of the husband to provide maintenance continues. A refusal by the wife to cohabit arising from abuse, neglect, coercive control, absence of proper living arrangements or failure of the husband to discharge his matrimonial obligations does not amount to nushuz or unjustifiable withdrawal from the marital relationship. Where the husband fails to effect rukhsati, does not provide a marital residence, withholds agreed dower or fails to facilitate necessary arrangements for continuation of matrimonial life, the wife's non-cohabitation cannot be construed as voluntary withdrawal from the marital relationship. The Supreme Court held that conditioning a wife's right to maintenance upon proof of consummation creates an unconstitutional burden upon women and infringes their right to dignity and privacy guaranteed under Article 14 of the Constitution. Such an approach would compel women to disclose intimate aspects of their private marital life in judicial proceedings and would be contrary to constitutional protections. The exception relating to denial of maintenance must be narrowly construed in accordance with the objectives of Islamic law, constitutional guarantees of equality, dignity and social justice under Articles 14, 25 and 35 of the Constitution. The Court held that unreasonable and unjustified withdrawal from the marital relationship by the wife may constitute an exception, but the same must be established by the husband through clear and convincing evidence. A wife's right to maintenance is neither dependent upon consummation or rukhsati nor subject to the unilateral discretion of the husband.

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

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