CASE TITLE AMBREEN AKRAM vs ASAD ULLAH KHAN Relevant sections — 2026 SCMR 1 SUPREME-COURT

Case information

Citation: 2026 SCMR 1 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: CASE TITLE AMBREEN AKRAM vs ASAD ULLAH KHAN Relevant sections
Subject matter: Criminal
Provisions referred to: S. 9; Muslim Family Laws Ordinance (VIII of 1961); Muslim Family Laws Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

CASE TITLE AMBREEN AKRAM VS ASAD ULLAH KHAN Relevant sections... Ss.5, Sched. & 17a---Muslim Family Laws Ordinance (VIII of 1961), S.9 Full case summary... A wife's right to seek maintenance despite marriage not being consummated---Scope---a wife's entitlement to maintenance accrues immediately upon the solemnization of a valid marriage. Maintenance as an obligation arising directly from the marital contract has also 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 the recovery of maintenance upon the husband's failure or neglect to provide for her, without requiring proof of consummation, cohabitation, or obedience. Similarly, Section 17a of the Family Courts act, 1964 enhances the enforceability of such claims by introducing an expeditious, summary procedure for the recovery of arrears of maintenance. Together, these statutes form a beneficial and pro-women legal framework that affirms maintenance as a substantive, unqualified right flowing from the existence of a valid marriage not from performance, obedience, or physical availability.

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