No alimony sans conjugal rights: SC

LAHORE – Alimony cannot be claimed unless the divorced woman has performed conjugal rights,” the country’s top judge observed on Friday.

“Husband and wife cannot be forced to live together before the departure of bride under the law,” Chief Justice of Pakistan Justice Mian Saqib Nisar observed while heading a two-member bench hearing an appeal of a woman for alimony. The woman was divorced two year after marriage from ex but before departure to her former husband’s house.  Alimony is maintenance allowance paid by husband or wife to his or her spouse after separation or divorce.

Ambreen Akram, a resident of Faisalabad, submitted to the court that her husband divorced her two years after their marriage and did not give her maintenance charges. 

However, she informed the court that she never lived with her husband since their marriage but was divorced.

She pleaded the court to order her former husband to pay her maintenance charges for two years. At this, Justice Nisar observed: “Women are entitled to claim alimony if they have performed their conjugal rights.” He added: “Husband and wife cannot be forced to live together by any court of law before departure of the wife to her husband’s house.

“How a woman could claim alimony without performing conjugal rights. Forcing couple to live together in our society is creating troubles.

Today’s women are not simple as they are leading the men.

However, the bench admitted the appeal for regular hearing, observing that the court would determine right of the divorced woman if she had not observed conjugal rights.

The court adjourned the hearing for indefinite period.

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