Husband Must Provide for Wife Regardless of Rukhsati: Supreme Court Rules

The Supreme Court has ruled that a wife’s right to maintenance begins immediately after the solemnization of a valid marriage and does not depend on consummation or rukhsati—the act of moving from her parents’ home to live with her husband.

In a detailed 15-page judgment authored by Justice Syed Mansoor Ali Shah, the Court emphasized that maintenance is an unconditional legal duty of the husband. “A comprehensive reading of Islamic jurisprudence, statutory law, constitutional protections, and judicial precedents makes it clear that a wife’s entitlement to maintenance is not conditional on consummation or rukhsati, nor subject to the husband’s discretion,” the verdict stated.

The ruling came in response to an appeal against a Lahore High Court (LHC) decision, which had earlier held that maintenance was not owed if a marriage had not been consummated. The Supreme Court overturned that judgment, clarifying that the right to maintenance arises from the marriage contract itself.

The bench noted that making maintenance dependent on rukhsati allows men to exploit cultural customs and delay their financial responsibilities, thereby placing an unconstitutional burden on women. Such practices, it added, reinforce patriarchal norms and conflict with constitutional guarantees of dignity and equality.

The Court clarified that a husband can only be exempted from paying maintenance if he provides compelling evidence that his wife has unjustifiably and completely withdrawn from the marital relationship in its emotional, residential, and relational aspects. The burden of proof, the judgment stressed, rests solely with the husband.

Expressing concern over judicial language in family law cases, Justice Shah highlighted that terms like “surrender” or “submit” perpetuate outdated gender hierarchies. He urged the judiciary to adopt gender-sensitive, rights-based language that reflects equality and dignity, noting that courts not only resolve disputes but also shape societal attitudes and norms.

“Judges, especially in family matters, carry a constitutional and ethical duty to challenge stereotypes and ensure that women are recognized as equal partners in marriage. Every judicial word either sustains the status quo or advances society toward justice and equality,” the judgment concluded.