Maintenance under Muslim Law known as ‘Nafqah’ means amount spent by a man on his family to provide for food, shelter, clothing, lodging and other essential requirements for livelihood. A Muslim husband has obligation to maintain his wife during the subsistence of marriage. A husband is require to maintain his wife irrespective of his financial condition.

According to Ameer Ali’s Mohammedan law, the right of the Muslim wife to maintenance is subject to the condition that she is not ‘refractory’ or does not refuse to live with her husband without reasonable cause. Under Muslim law, maintenance is known as “Nafqah” which means what a man spends on his family.

Requirements for claim of maintenance:

• Inability of person to maintain himself/herself
• Failure or neglect by the person/ obligation
• Person must be related
• Statutory obligation to maintain 

When maintenance can be claimed

During the subsistence of marriage

During the pendency of the any matrimonial relief

After obtaining decree of divorce.

Applicability

1. Wife

2. Children- Both boy and girl

3. Parents and Grandparents and

4. Any other relatives

1. Wife:

The right to maintenance of a Muslim woman is absolute and not conditional on whether she can maintain herself or not.

Hence all the Muslim women earning or not earning are eligible for the right to maintenance which is contrary to most of the other religious acts where only dependent women are eligible for the maintenance.

It is the duty and liability of the husband to provide adequate maintenance to his wife in all the circumstances irrespective of his financial condition

Muslim women cannot applicable for maintenance

1.She has not attained puberty.

2.She has abandoned her husband and marital duties with sufficient reason.

3.Where she elopes with some other man.

4.In a case where she disobeys the reasonable commands of her husband.

The refusal of the wife to perform her matrimonial obligation towards husband and her claim of maintenance is to be examined not only under Muslim personal law but also under the Criminal Procedure Code. The claim of wife for the maintenance under this act is an independent statutory right not affected by her personal law. A Muslim wife, who lives separately due to her husband’s second marriage, is entitled to claim maintenance allowance under the provisions of Criminal Procedure Code, 1973.

In Begum Subanu alias Saira Banu v. A.M Abdool Gafoor, the Supreme Court held that irrespective of a Muslim husband’s right to contract a second marriage, his first wife would be entitled to claim maintenance. A Muslim wife, whose husband neglects to maintain her without any lawful justification, is entitled to file a suit for maintenance in a civil court under her personal law. She is also entitled to enforce her right under the CrPc 1973. Where a Muslim wife is in urgent need, she may apply for an order of maintenance under section 125 of the Criminal Procedure Code; 1973. A magistrate of the first class may then order the husband to provide monthly allowance not exceeding five hundred rupees, for the maintenance of his wife.

Maintenance of the divorced woman

It can be discussed under the following heads:-

1. Muslim personal law

2. Section 125 Criminal Procedure Code 1973 and

3. The Muslim Women (Protection of Rights on Divorce) Act,1986

A divorced wife can claim maintenance from the former husband only for that period during which she is observing her Iddat. The duration of Iddat on divorce is three menstruation periods or, if pregnant, till delivery of the child. The former husband’s liability extends only up to the period of iddat, not beyond that.

The term ‘wife’ includes a ‘divorced wife’. Section 125 is applicable also to a divorced Muslim wife. Section 127(3) provides that the order of maintenance in favour of a divorced wife shall be cancelled, and such woman shall not be entitled to maintenance under the following circumstances:

1. Where the divorced woman has remarried

2. Where such woman has received the whole sum due to her on divorce under any customary or personal law, and

3. Where the woman, after obtaining a divorce from her husband, has voluntarily surrendered the right to maintenance.

In Mohd. Ahmad Khan v. Shah Bano Begum AIR 1985 SC 945, the Supreme Court reiterated its stand and held that a divorced Muslim woman, so long as she has not remarried, is a wife for the purpose of section 125, and is entitled to maintenance from her former husband.

Maintenance after the Iddat:

The divorced woman who remains unmarried after the Iddat, and is unable to maintain herself, is entitled to get maintenance from her such relatives who would inherit her properties upon her death. In the absence of any such relatives or, where they have no sufficient means, then ultimately the liability to maintain her is cast upon the Waqf Board of the state in which she resides.

The Muslim Women (Protection of Rights on Divorce) Act,1986 has now made the operation of section 125-128 of the Criminal Procedure Code optional in respect of Muslim woman. The first landmark judgment that deals with Muslim personal law was the 1986 judgment in Shah Bano Begum v. Md. Ahmed.

In this case, the apex court held that Muslim women have a right to maintenance under Section 125 of the Cr.P.C even if the Quran or their personal laws have provided for an alternate remedy. The same ratio was upheld by the apex court in Daniel Latifi v. Union of Inia.

Recently, in the leading case of Shayara Bano v. Union of India, the apex court held the system of instantaneous divorce by the utterance of the word ‘talaq’ thrice orally unconstitutional because the right to instantaneous divorce is only with the men and not women.

Further, the system is arbitrary and hence, violative of Article 14. Therefore, the judiciary has assisted in the development of Muslim personal law.

In Danial Latifi and others v. Union Of India AIR 2001 SSC 958 all the writ petitioners challenging the constitutional validity of the Muslim Women Act 1986 were clubbed together in this P.I.L. under article 32 of the constitution. The writ petition was dismissed by the Supreme Court challenging the validity of Muslim Women Act 1986. The Court upheld the validity of the Act.

In A. Yousuf v. Sowramma it was held by the court that whatever the cause may be the wife is entitled to a decree for the dissolution of her marriage if the husband fails to maintain her for a period of two years, even though the wife may have contributed towards the failure of the maintenance by her husband.

Children- Both boy and girl

Muslim Father is under the obligation to maintain his legitimate child until he attains the puberty age. Under Muslim Law, the father has to maintain his son only until he attains majority. While he has to maintain his daughter until her marriage and till the time she goes to her husband’s home. Under the law, the father is not under a duty to maintain the illegitimate child. Thus after perusing the above-mentioned facts, it can be easily concluded that the maintenance provisions of Muslim Law are different from other personal laws and are very unique.

Parents and Grandparents

It is obligatory upon a man to provide maintenance for his father, mother and grandfather and grandmother if they happen to be in circumstances necessitating it.  The fact that they may belong to different religions makes no difference. Except his wife, children, parents, grand-children and grandparents, a man are not obliged to maintain other relations belonging to other religions

The parents have the next position in the right of maintenance after the children. The liability to maintain parents rests only on the children and is not shared by anyone else. As between the parents the mother is entitled to preference over the father. Shia Law – the right of the two parents is equal. So also the right of the parents and children are equal. Maintenance must in each case be divided equally. But the parents are preferred to grandparents.

       Parents and children are jointly liable for a person’s maintenance. Thus, if a man has both father and a son who are not poor, the liability falls equally upon them. The grand-children of a person would not be liable to maintain if there is a husband, children or parents who would be under a duty to maintain, even though they may be entitled to daughter or the father must maintain. Thus, if a man has a daughter or father and a son’s son, the daughter or the father must maintain. The son’s son would not be bound to maintain even though he is entitled to inherit. As in the case of sons, the liability of all grand-children would be equal. law – maintenance is due from all the descendents together but they are not equal in all respects.

The obligation is on the nearest. If there is equality in the degree of relationship, the obligation is in the person who will be heirs. There is, however, a difference in opinion as to whether the liability is joint or only in proportion to shares in inheritance. If both the ascendants and descendants are alive, the latter would be primarily liable irrespective of the distance of degree of relationship.

Quantum of Maintenance

The quantum of maintenance is not prescribed under any personal law. The court decides the quantum on the basis of the financial condition of husband and wife and any other circumstances relevant to the case. The Shia Law decides the quantum of maintenance by taking into consideration the requirements of the wife. The Shafei Law determines the quantum of maintenance by the post of the husband. Thus, the basis of determination of quantum of maintenance is different for different sub-castes of Muslims.

Conclusion

The whole concept of maintenance is to protect the rights of wife and protect her a dignified life and even after dissolution of marriage the husband is in the liability to provide maintenance to his wife if she is not able to maintain herself. It is not only provided to the wife but also to children parents grandparents and grandchildren and other relation by blood. The amount of maintenance depends on the financial position of the person who is bound to provide maintenance. Under Muslim law women are considered be as compared to men. It is believed that they are not able to maintain herself on her so it is the liability of the husband to provide maintenance to wife in all conditions even if she is capable of maintaining herself. As per the rule except for the only wife and minor children The Other relations Which are which are not entitled for maintenance. But each Muslim is bound to provide maintenance for the ancestors and the descendants . And he’s also entitled to obtain maintenance from their as well provided that the person who has provides maintenance and should not be poor.