Law: Family Courts Act, 1964

Section:

Law: Constitution of Pakistan, 1973

Section: 2-A, 3, 9, 25(3), 31, 34, 35, 37, 38

Law: Muslim Family Laws Ordinance, 1961

Section:

Law: Limitation Act, 1908

Section: 120,23

Summary

The Supreme Court dismissed the appeal concerning a wife's claim for maintenance arrears dating back beyond six years. The judgment emphasized that under Islamic principles and constitutional protections, a husband must provide maintenance for his wife throughout the marriage. Maintenance arrears accrue monthly as a continuing wrong, allowing retrospective claims within the limitation period, which is six years under Article 120 of the Limitation Act, 1908. The court upheld the Family Court and High Court rulings allowing maintenance recovery from the date of neglect, rejecting the appellant's argument to restrict claims to six years retroactively.

Core Points

• The legal and moral obligation of a husband to maintain his wife is rooted in Islamic principles and constitutional protections.
• Maintenance arrears are considered a continuing wrong, accruing monthly from the time of neglect.
• A wife's claim for past maintenance can be retrospective but limited by the six-year limitation period under Article 120 of the Limitation Act, 1908.
• The delay in filing the suit does not nullify the claim arising during the delay period, as each missed payment is a separate cause of action.
• The Family Court's ruling for maintenance from June 2004 was valid as the suit was filed within the limitation period considering continuing cause of action.
• The High Court and Supreme Court upheld the order for retroactive maintenance, clarifying that a husband cannot evade past liabilities by invoking limitation if neglect occurred recently.
• The appeal was dismissed without costs, reinforcing protection for wives against neglect and abandonment.

Law and Section Table

JUDGMENT