Supreme Court Rules Husband Must Provide for Wife Regardless of Rukhsati

The Supreme Court of Pakistan has issued a groundbreaking judgment that redefines women’s rights in marriage. The Court has declared that a husband must provide for his wife regardless of rukhsati, making it clear that a wife’s right to maintenance begins immediately after the marriage contract is solemnized.

This decision removes long-held cultural and legal misconceptions, ensuring that women are not left financially dependent or vulnerable due to delays in consummation or moving to their husband’s home.

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Wife’s Right to Maintenance in Pakistan

In a detailed 15-page verdict authored by Justice Syed Mansoor Ali Shah, the Court highlighted that maintenance is an unconditional legal duty of the husband. The ruling emphasized that this responsibility is rooted in Islamic teachings, statutory law, and constitutional protections.

The Court stated:

• A wife’s entitlement to maintenance does not depend on consummation or rukhsati.
• Maintenance cannot be withheld at the husband’s discretion.
• The marriage contract itself establishes the right to financial support.

This ruling provides clarity for women who often face exploitation in the name of cultural traditions.

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Why This Supreme Court Ruling Is Important

For years, many husbands avoided their financial responsibilities by linking maintenance to rukhsati. This created hardships for women, leaving them dependent on their parents even after marriage.

The Supreme Court strongly rejected this practice, pointing out that:

• Making maintenance conditional on rukhsati exploits cultural customs.
• Such practices reinforce patriarchal systems that go against equality and dignity.
• The Constitution of Pakistan guarantees protection and fairness for women.

By setting this precedent, the Court has taken a significant step toward protecting women’s marital rights.

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When Can a Husband Be Exempted?

The judgment also addressed situations where a husband may not be responsible for providing maintenance. However, the Court made it clear that:

• The husband must prove with strong evidence that his wife has unjustifiably withdrawn from the marital relationship.
• This includes emotional, residential, and relational withdrawal.
• The burden of proof lies only on the husband, not the wife.

This ensures that men cannot misuse the law to escape their responsibilities.

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Gender-Sensitive Language in Family Law

Justice Mansoor Ali Shah also raised an important point about the language used in family law judgments. He criticized the use of words like “surrender” or “submit,” which reflect outdated gender hierarchies.

He stressed that:

• Judges must adopt rights-based and gender-sensitive language.
• Judicial words shape society and influence cultural attitudes.
• Women should always be recognized as equal partners in marriage.

This highlights the Court’s commitment to promoting equality and justice not only through decisions but also through the way they are expressed.

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A Step Toward Equality and Justice

The Supreme Court’s decision that husband must provide for wife regardless of rukhsati is more than just a legal ruling. It is a declaration that women in Pakistan deserve dignity, fairness, and equal partnership in marriage.

By challenging outdated customs and reinforcing women’s rights, this judgment sets a progressive direction for future family law cases. It also serves as a reminder to society that true justice means recognizing women as equal partners, not dependents.