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Maintenance of Wife

What are 8 causes of family conflict:

Family conflicts are inevitable in any household, stemming from a variety of sources. Here are eight common causes of family conflict:

  1. Financial Issues: Money is a major cause of conflict within families. Disagreements about spending, saving, and financial priorities can lead to tension and stress. When financial resources are limited, the pressure can exacerbate existing issues, leading to arguments and resentment.
  2. Communication Problems: Poor communication can create misunderstandings and misinterpretations. When family members do not express themselves clearly or fail to listen to each other, it can result in conflicts. Effective communication is crucial for resolving disputes and maintaining healthy relationships.
  3. Parenting Styles: Differences in parenting approaches can cause significant conflict between parents. Disagreements over discipline, education, and general child-rearing practices can create rifts between spouses and affect the overall family dynamic.
  4. Household Responsibilities: The division of household chores and responsibilities is another common source of conflict. If one family member feels they are shouldering more of the burden, it can lead to feelings of unfairness and resentment.
  5. Sibling Rivalry: Competition and jealousy among siblings can lead to conflicts. This rivalry can be fueled by perceived favoritism, differences in treatment by parents, or competition for attention and resources.
  6. In-Law Relationships: Tensions with extended family members, such as in-laws, can create conflicts within the immediate family. Differences in values, traditions, and expectations can lead to disagreements and strain on relationships.
  7. Personal Space and Privacy: Conflicts can arise when family members feel their personal space and privacy are being invaded. This is particularly common in larger families or in homes with limited space, where boundaries can easily be crossed.
  8. Stress and External Pressures: External factors such as work stress, health issues, or social pressures can spill over into family life, causing conflicts. When individuals are under stress, they may be more prone to irritability and less able to cope with everyday family dynamics.

 

Addressing these causes requires open communication, empathy, and a willingness to compromise. By recognizing and understanding the sources of conflict, families can work together to find solutions and strengthen their relationships.

Maintenance of Wife Under Muslim Family Laws Ordinance, 1961

As per the wife maintenance law in Pakistan, a wife is eligible for maintenance, but after a divorce, there is no maintenance for the ex-wife as she is no longer considered a wife. The amount of wife maintenance per month is determined by the husband’s financial situation, which is decided by the court.

It is also obligatory for the husband to provide maintenance for a second wife. Many women wonder if they can receive maintenance after divorce, and the answer is yes. A wife can file for maintenance, including a working wife who earns her own income. Maintenance for wives under Muslim law is compulsory for the husband, but there is no maintenance for divorced Muslim wives or ex-wives in Pakistan.

Maintenance is a right of child or children dependent on his/her father to be maintained during the age of minority. It is duty of the father to maintain his child/ children.

Wife Maintenance law in Pakistan:

In Muslim Family Laws Ordinance the wife is entitled to claim her maintenance during the subsistence of marriage. And also the post-operative period during Iddat or pregnancy she also claims maintenance from her husband. However, if the wife is living separately from the husband with reasonable cause then she also entitled to maintenance. Thereafter to get her present maintenance as well as previous maintenance she can file a suit for maintenance before Family Court accordingly through her legal counsel. After submitting the suit for maintenance, the court issues notice to the defendant for filing a written statement to his defense. However, the we tries to find a Family Disputes Solution.

Maintenance isn’t exclusive to the first wife; it applies to subsequent wives as well. In Pakistan, husbands are obligated to provide maintenance to their second wives just as they do for their first wives. It’s essential to ensure that both wives are supported equally by their husband. In Pakistan, cases regarding wife maintenance and child custody can be filed together.

Additionally, the Pakistani legal system emphasizes the importance of fairness and justice in these matters. Courts take into consideration the financial capabilities of the husband to ensure that the maintenance provided is sufficient and reasonable. It’s crucial for husbands to understand their responsibilities and for wives to be aware of their rights to seek maintenance.

Moreover, cultural and social dynamics play a significant role in how these laws are interpreted and enforced. Legal aid and counseling services are available to help families navigate these complex issues, offering support and guidance to ensure that the rights of all parties involved are protected.

In recent years, there has been a growing awareness and advocacy for women’s rights in Pakistan, leading to reforms and better implementation of existing laws. This progress aims to create a more equitable society where both wives and children receive the support and care they deserve, fostering a balanced and just family structure.

Relevant Legislation in Family Issues:

  • Muslim Family Laws Ordinance, 1961
  • Guardians and Wards Act, 1890
  • Offence of Qazf (Enforcement of Hudood) Order, 1979
  • Child Marriage Restraint Act, 1929
  • Dissolution of Muslim Marriages Act, 1939
  • (West Pakistan) Muslim Personal Law (Shariat) Application Act, 1962
  • (West Pakistan) Family Courts Act, 1964
  • Offence of Zina (Enforcement of Hudood) Ordinance, 1979
  • Law of Evidence (Qanun-e-Shahadat) Order, 1984
  • Enforcement of Sharia Act, 1991
  • Dowry and Bridal Gifts (Restriction) Act, 1976
  • Prohibition (Enforcement of Hudood) Order, 1979
  • Execution of Punishment of Whipping Ordinance, 1979 (many provisions of this Ordinance were repealed later on so as to limit the number of crimes to which it is applicable)
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