Maintenance is known as Nafaqa and included Food, Cloth and Residence and it have been pointed out that it should include expenditure education of children. Primary obligation of maintenance arises out of marriage- wife and children Muslim man is bound to maintain his wife as long as she is faithful to him and obeys his reasonable orders. No maintenance in irregular marriages and after divorce but in context of divorce SC have laid down decisions.

1. C
NAFAQ
-SHIVANI SHARMA
-ASSISTANT PROFESSOR
-SARDAR PATEL SUBHARTI INSTITUTE OF LAW

2. •Maintenance is known as Nafaqa and included Food,
Cloth and Residence and it have been pointed out that it
should include expenditure education of children.
•Primary obligation of maintenance arises out of
marriage- wife and children
•Muslim man is bound to maintain his wife as long as she
is faithful to him and obeys his reasonable orders.
•No maintenance in irregular marriages and after divorce
but in context of divorce SC have laid down decisions.

3. PERSONS
ENTITLED FOR
MAINTENANCE:
1. WIFE
2. DESCENDANTS
3. ASCENDANTS
4. COLLATERALS IN PROHIBITED
DEGREE

4. Mohd. Ahmad v Shah Bano
Begum, 1985
Muslim Women (Protection of
on Divorce) Act, 1986
Daniel Latifi v Union of

5. SECTION 3(1)(a), Muslim Woman Act
• Divorced woman is entitled to reasonable and fair
maintenance within Iddat period.
• ‘Fair provision and maintenance’ created confusion so
various HC interpreted it as
“arrangement for a lump sum amount for the future
provision of the wife within Iddat period other than Iddat
maintenance”
• Daniel Latifi: “reasonable and fair provision for maintenance
is not confined to Iddat”

6. C
GUARDIANSHIP

7. KINDS OF
GUARDIANS
NATURAL TESTAMENTARY
BY COURT – DE
JURE
DE FACTO

8. NATURAL
GUARDIAN OF
MINOR
MOTHER UNTILL THE
AGE OF 7 (MALE)
AND PUBERTY
(FEMALE)
FATHER IS REAL
HIZANAT
MOTHER’S RIGHT IS
DISQUALIFIED ON
REMARRIAGE,
DIVORCE, APOSTACY
FOR PROPERTY
LEGAL
DE JURE
DE FACTO
FOR MARRIAGE
FATHER
PATERNAL G. FATHER
BROTHER ETC
MOTHER AND
OTHER MATERNAL
FAMILY

9. GUARDIANS AFTER FATHER’S DEATH
(DE FACTO GUARDIANS)
EXECUTOR
MOTHER’S
MOTHER
FATHER’S
FATHER
SISTER
SISTER’S
DAUGHTER
MATERNAL
AUNTS
PATERNAL
AUNTS