Evaluation of Right to Maintenance of a Wife in the Legal System of Pakistan: A Critical Analysis

Abstract

This research discusses the historical transformation of Pakistani family laws pertaining to the right to maintenance of wife from the birth of Pakistan till now. With the help of the constitutional context, the penal code, and the most important case law, this article addresses how the Law and justice system in Pakistan has developed the maintenance rights of women and their definition. The analysis shows that there are large deficiencies both in existing legal provisions and in judicial interpretation of these provisions that have frequently contributed to failure to protect the financial rights of women effectively. In particular, this research highlights the difference between the restrictions placed on marriage in relation to wives balanced protection as envisaged in the details of Islamic law against its impracticability in the context of the Pakistani legal regime. The study notes areas for change and argues what reforms are needed within the legal framework to improve the effective enjoyment of maintenance rights. The distinct contribution of this study is that it offers a comprehensive analysis of the interaction of Islamic and Pakistani law, which provides the basis for improving the protection of financial rights of wives in Pakistan in the future.