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LAWS FOR 1 everyday life

Issues relating to family maintenance

Children in easy circumstances are bound (^maintain their poor parents, although the latter maybe able to earn something for themselves. A son though in straitened circumstances is bound to maintain his mother, if the mother is poor, though she may not be infirm. A son, who is poor and is earning something, is bound to support his poor father who earns nothing.

Shah Md. Mushfiqur Rahman
AT AINTENANCE'includes food, clothing and lodging. But this X A definition of maintenance is not exhaustive. In relation to a minor, the word includes other necessary expenses for mental and physical well-being of a minor, according to his/her status in society. For example minor's educational expenses etc.
Wife's right
Wife gets precedence over all other relations when it comes to the right of maintenance. rhe wife is entitled to maintenance from her husband although she may have the means to maintain herself. This applies even if the husband is without means.
The husband's duty to maintain commences when the wife attains puberty and not before. We should also know when this right terminates. The right ceases right on the death of her husband But if the marriage is broken by way of divorce the wife remains entitled to maintenance up to iddat period, which extends to three months. With the expiry of iddat period this right comes to an end.
That means during the whole period of marriage and iddat the husband is bound to maintain his wife. But the condition is she is obedient and allows him free access at all lawful times. So if the wife deserts her husband or disobeys his reasonable instructions, she loses her right to maintenance.
It is also held in a judgment that where a wife refuses to live with the husband and perform marital obligations without valid reason, husband is not bound to maintain her.
In addition to the legal obligation to maintain there
may be stipulations in the marriage contract which may render the husband liable to make a special allowance to the wife. For exam- ple, a husband may have a lawful agreement with the first wife that, on his marrying second wife, the first wife may reside with her parents and obtain a regular allowance.
Similarly, an agreement with a second wife to allow her to reside in her parents' house and to pay her maintenance is good in law.
Right to sue
If a husband refuses to pay maintenance, the wife is entitled to sue for it's realization under the Family Courts Ordinance 1985. In fixing the sum of maintenance, the court should consider the rank and the circumstances of both the spouses.
Failure to maintain
Under the Dissolution of Muslim Marriages Act, 1939, section 2 (ii), a wife is entitled to dissolution if the husband has failed or neglected to provide maintenance for a period of two years.
Children and descendants' right A father is bound to maintain his sons until they attain puberty and his daughters until they are married. But a father is not bound to maintain his adult sons unless they are disabled by infirmity or disease. The father is not bound to provide separate maintenance for a minor son who refuses to live with him without reasonable cause.
Similarly the father is not bound to provide separate maintenance for an unmarried daughter, unless the circumstances are such as to justify her slaying away. But the fact that the children are in the custody of their mother during their infancy does not relieve the lather from the obligation of maintaining them while marriage is dissolved or the spouses arc living separately. Illegitimate child's right
In orthodox Muslim law a father is not bound to maintain an illegitimate child but the mother is obligated to support her natural son or daughter. A change is introduced in this respect by way of statutory law. Under the suppression of torture against Women and Children Act a person who fathers an illegitimate child is under legal obligation to maintain that child.
Maintenance of parents
Children in easy circumstances are bound to maintain their poor parents, although the latter maybe able to earn something for themselves. A son though in straitened circumstances is bound to maintain his mother, if the mother is poor, though she may not be infirm. A son, who is poor and is earning something, is bound to support his poor father who earns nothing.
Maintenance of grandparents
A person is bound to maintain his paternal and maternal grandfathers and grandmothers if they are poor.
Maintenance of other relations
Persons who are not themselves poor, are bound to maintain their poor relations within the prohibited degrees in proportion to the share which they would inherit from them on their death.
It must be borne in mind that a man is bound to maintain his wife and children, no matter he is poor or not. But distant relatives arc only to be maintained if they are poor and he himself is in easy circumstances.
The writer is advocate, member of Dhaka Bar Association