29/08/2026
2026 SCMR 1-
Overview..
Ambreen Akram v. Asad Ullah Khan & others
Held: The Supreme Court ruled that a Muslim wife's right to maintenance (nafaqah) arises from the solemnization of a valid Nikah and is not dependent upon rukhsati or consummation of marriage.
Key points:
Valid Nikah creates the husband's obligation to maintain his wife.
Non-consummation alone is not a ground to deny maintenance.
Rukhsati does not postpone the wife's legal entitlement.
If the husband alleges that the wife unjustifiably refused to live with him, the burden is on the husband to prove it.
Ratio: Maintenance is ordinarily payable from the date of valid marriage, irrespective of whether rukhsati or consummation has occurred.
Citation: 2026 SCMR 1.