Can the second wife claim maintenance?
In Permission of Second Marriage in Pakistan the question of whether a second wife can claim maintenance (financial support) from her husband often arises in cases involving polygamy, marital disputes, and property division. Maintenance is a husband’s legal and moral obligation to provide for his wife’s basic needs, including food, clothing, shelter, and medical care. However, whether a second wife is entitled to maintenance depends on various factors, including the legality of the marriage, compliance with procedural requirements under Pakistani law, and the circumstances of the relationship.
1. Legal Basis for Maintenance
Under Islamic law and Pakistani family law, a husband must maintain his wife as long as the marriage is valid and the wife is fulfilling her marital obligations. This duty is derived from:
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Quranic injunctions, which require husbands to provide for their wives according to their means.
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Muslim Family Laws Ordinance (MFLO), 1961, which regulates polygamy and sets conditions for second marriages.
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Family Courts Act, 1964, which gives the wife a legal avenue to claim maintenance through family courts.
If the second marriage is valid, the second wife has the same right to maintenance as the first wife.
2. Legality of the Second Marriage
The first step in determining whether a second wife can claim maintenance is to assess whether the marriage is legally recognized in Pakistan. Under Section 6 of the Muslim Family Laws Ordinance, 1961:
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A man who wishes to contract a second marriage must obtain written permission from the Union Council.
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The Union Council convenes an Arbitration Council to assess whether the marriage is justified and whether existing wives consent.
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If the husband marries without permission, he commits an offence punishable with imprisonment or fine, and the marriage may have legal complications.
Impact on maintenance:
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If the marriage is valid (i.e., conducted according to Islamic rites and not prohibited under personal law), the second wife can claim maintenance even if the husband failed to obtain Union Council permission — but the husband may still face penalties.
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If the marriage is void under personal law (e.g., due to prohibited degrees of relationship), no maintenance is payable because the union has no legal recognition.
3. Right to Maintenance of the Second Wife
Once the second marriage is valid under law, the second wife has the same entitlement to maintenance as the first wife. This means:
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She is entitled to maintenance from the date of marriage.
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The amount should be reasonable according to the husband’s financial capacity.
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The maintenance should cover basic necessities: housing, food, clothing, healthcare, and other essentials.
If the husband fails to provide maintenance, she can file a suit in the Family Court for recovery of arrears and future maintenance.
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4. Circumstances Affecting the Right to Maintenance
While a second wife generally has the right to maintenance, there are circumstances where this right may be affected:
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Disobedience (Nashiza):If the wife refuses to live with her husband without valid reason or neglects her marital duties, she may lose the right to maintenance. However, if her refusal is due to the husband’s misconduct, abuse, or failure to provide a safe living environment, she retains the right.
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Separation:If the husband and second wife are living separately without a lawful reason, courts may reduce or deny maintenance. But if the separation is caused by the husband’s wrongful acts, she can still claim.
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Invalid Nikah:If the second marriage is proven invalid due to procedural or substantive legal defects, no maintenance will be awarded.
5. Maintenance During Polygamy
Pakistani law recognizes polygamy but imposes fair treatment requirements. A man must treat all wives equally in financial matters. This means:
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Maintenance must be fair and proportionate for each wife according to her needs.
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Favoritism in providing for one wife over another can lead to legal disputes.
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The court can order the husband to pay arrears of maintenance if it is shown that the second wife was neglected.
6. Recovery of Maintenance
If a second wife is denied maintenance, she can:
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File a claim in Family Court under the Family Courts Act, 1964.
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Seek recovery of arrears for up to three years prior to the filing date.
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Request a monthly maintenance allowance for the future.
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Ask for an interim maintenance order while the case is pending.
The court’s decision is based on evidence of the husband’s income, lifestyle, and capacity to pay.
7. Special Considerations for Mehr (Dower)
Apart from maintenance, a Permission for Second Marriage wife is entitled to her mehr (dower), which is a separate financial obligation payable by the husband. Non-payment of mehr does not cancel the maintenance obligation, but a wife can claim both in the same case.
8. Conclusion
A second wife in Pakistan can claim maintenance if her marriage is valid under Islamic and Pakistani law. Her right is the same as that of a first wife — the husband is legally bound to provide for her as long as she fulfills her marital duties and the marriage remains intact..The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes.
However, the legality of the marriage plays a central role. If the husband failed to obtain Union Council permission, the marriage still remains valid in most cases, but he may face criminal penalties. If the marriage is void under Islamic law, no maintenance will be granted.
In practice, the courts focus on ensuring fairness and upholding the principle of equal treatment of wives in polygamous marriages. The second wife’s right to maintenance is therefore well-protected under Pakistani law, provided the marriage meets legal requirements and the wife is not at fault for separation.
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