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

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AMBREEN AKRAM VS ASAD ULLAH KHAN. S. 5, Sched.---Muslim Family Laws Ordinance (VIII of 1961), S. 5---Wife's right to maintenance in non-consummated marriage---Formal inception/commencement of marital relationship as determining factor---Solemnization of marriage as legal genesis of marital relationship---Rukhsati---Meaning, concept and effect. The term rukhsati literally means "to depart" or "to take leave" and it holds no independent legal status under Islamic law or statutory law. Held: The solemnization of marriage marks the formal commencement of the marital relationship, whereas the expression of acceptance at the time of marriage is the ultimate evidence of a woman's willingness to enter into the marital relationship and discharge her matrimonial obligations. A wife's right to maintenance becomes absolute when she demonstrates willingness to enter into the marital relationship, which is further reinforced where she continues to wait for rukhsati to be effected. The Supreme Court observed that rukhsati is a social custom and cannot override the legal consequences flowing from a validly solemnized marriage. To condition a wife's entitlement to maintenance upon rukhsati or consummation would undermine legal certainty and permit husbands to avoid their financial responsibilities by relying upon social customs or by delaying performance of matrimonial obligations. Such an approach would impose an unconstitutional burden upon women and reinforce patriarchal norms by making financial rights dependent upon physical availability or subservience. The Court held that such interpretation is incompatible with constitutional guarantees of dignity and equality and contrary to the legal status of marriage as a valid matrimonial relationship commencing from the date of solemnization. Therefore, the right of a wife to maintenance cannot be denied merely on the ground that rukhsati has not taken place or marriage has not been consummated.

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

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