The Supreme Court of Pakistan has ruled that a wife’s right to financial support from her husband begins as soon as a valid marriage takes place. This right does not depend on whether she has moved out of her parents’ home (rukhsati) or whether the marriage has been consummated.
Justice Syed Mansoor Ali Shah explained that linking a woman’s right to maintenance with these customs goes against the Constitution and creates gender inequality. By making such conditions, women are unfairly denied their basic rights.
With this judgment, the Court overturned a previous decision of the Lahore High Court. The ruling makes it clear that a husband cannot refuse to provide for his wife unless he can prove that she has unjustly withdrawn from the marriage relationship without a valid reason.
The Supreme Court also encouraged lower courts to adopt gender-sensitive language in family law cases. The purpose of this is to promote fairness, dignity, and equality for women in the legal system.
This decision is seen as a significant step forward in protecting women’s rights in Pakistan and ensuring that marriage laws are applied in a way that upholds justice and equality for both partners.
