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: Family
Provisions referred to: S. 5; S. 5---M; Muslim Family Laws Ordinance (VIII of 1961)

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... S.5, Sched.---Muslim Family Laws Ordinance (VIII of 1961), S.5---Marriage not consummated---Wife's right to seek maintenance---Scope Full case summary... While marriage under Islamic law is indeed a civil contract, it is far more than a mere legal arrangement; it is the foundation of a deeply personal and moral relationship rooted in mutual respect, compassion, and shared responsibility---The Qur'an describes the marital relationship as one of love (mawaddah) and mercy (rahmah)and enjoins equitable treatment, protection, and financial support as essential obligations within this framework underscoring the spiritual and emotional dimensions that animate the marital union---Upon entering marriage, the wife commits not simply to alegal contract but to a marital relationship, a bond of care, dignity, and cohabitation---This relational commitment, rather than any notion of physical submission or patriarchal obedience, is what gives rise to the right of maintenance---Maintenance flows not from dominance, but from the mutual obligations and moral fabric that underpin the marital bond---Any interpretation that reduces this right to the wife's subordination negates the ethical core of the relationship as envisioned by both the Qur'an and constitutional values such as dignity, equality, and non-discrimination---The entitlement to maintenance, thus, must be understood as arecognition of the wife's role in nurturing the marital relationship, not as a reward for submission, but as a legal and moral consequence of her commitment to that relationship.

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