Law:

Section:

(a) Islamic Jurisprudence---   ---Family Laws--Husband and wife--Maintenance--Maintenance order passed by Court in favour of wife--Wifes insistence on recovery of maintenance amount decreed by Court--Wife, held, was entitled as of right to own property independent of the right of her husband to own his property--Right to recover maintenance through Court decree, having become her property, she was entitled to exercise her right by receiving the amount and keeping it as a separate property of her own.   (b) Islamic Jurisprudence--   ---Ownership--Woman/ wife has a right to own and enjoy property independent of a similar right of her male relations living under the same roof, whether he is a husband, brother, son or father, not to speak of others. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a husband from a judgment of the Lahore High Court in its Constitutional jurisdiction; whereby it refused to interfere with the orders of maintenance passed in favour of the respondent-wife. 2. We have noticed from the record that the maintenance was ordered to be paid by the petitioner for the period of separation between the parties. Subsequently, however, it seems that they reconciled their differences. The respondent started residing with the petitioner. If that position is correct, a question might arise why should the respondent insist upon the recovery of the amount of maintenance directed to be paid to her for the period of previous separation. It is argued that, in order to keep the relationship between the spouses normal, the wife might have given up her insistence to recover that amount which had legally become due to her. But on the other hand, the Islamic principle that a wife is entitled, as of right,…

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