Supreme Court Rules: Husband Must Support Wife Even Before Rukhsati

Supreme Court Rules: Husband Must Support Wife Even Before Rukhsati

The Supreme Court of Pakistan has declared that a wife’s right to maintenance begins immediately after marriage, regardless of rukhsati (moving in with her husband) or consummation.

Husband’s Duty is Unconditional

In a detailed judgment, Justice Syed Mansoor Ali Shah clarified that a husband’s duty to provide for his wife is a legal and religious obligation. The Court noted that this right comes directly from the marriage contract itself, not from cultural practices.

The decision overturned a Lahore High Court ruling which previously said that maintenance was only due after consummation. The Supreme Court rejected this, making it clear that delaying financial responsibility is unfair and unconstitutional.

Protecting Women’s Rights

The judgment explained that linking maintenance with rukhsati allows men to misuse cultural customs and avoid responsibilities. This, the Court said, reinforces patriarchal practices and goes against constitutional guarantees of dignity and equality.

The Court added that a husband can only avoid paying maintenance if he proves that his wife has unjustly and completely withdrawn from the marriage. The burden of proof lies entirely on the husband.

Gender-Sensitive Judicial Language

Justice Mansoor Ali Shah also highlighted the importance of using equal and respectful language in family law cases. He said that words like “surrender” or “submit” reinforce outdated gender roles and should be avoided.

He reminded judges that their words shape not only judgments but also social values. Courts, he said, must play a role in ensuring women are treated as equal partners in marriage.

Why This Ruling Matters

This landmark ruling is expected to strengthen women’s rights in Pakistan, ensuring that wives are financially supported from the very first day of their marriage contract. It also challenges traditional practices that burden women and delay their rights.