What maintenance rights do both wives have after the second marriage?

 Permission of Second Marriage in Pakistan is governed by Islamic law and statutory provisions such as the Muslim Family Laws Ordinance, 1961, and the Family Courts Act, 1964. Under Islamic principles, a husband is allowed to have up to four wives, but with a strict condition: he must treat them all with fairness, particularly in matters of maintenance and living standards. Maintenance (nafaqah) refers to financial support that includes food, clothing, housing, medical care, and other essentials.

When a husband contracts a second marriage, the rights of both the first and second wife regarding maintenance remain intact. Both women are considered lawful spouses and cannot be denied their entitlements. The law and religion place equal responsibility on the husband to ensure that neither wife is left neglected.

1. The Legal Foundation of Maintenance

The concept of maintenance is rooted in both Islamic injunctions and Pakistani statutes. According to the Qur’an, men are protectors and maintainers of women due to their responsibility to provide financially. This obligation applies equally to all wives, regardless of seniority in marriage.

Under Pakistani law:

• Section 9 of the Muslim Family Laws Ordinance (MFLO), 1961, emphasizes the husband’s duty to maintain his wife or wives.

• Family Courts Act, 1964, provides jurisdiction to Family Courts to enforce claims for maintenance.

Thus, when a man marries again, he cannot use polygamy as an excuse to reduce or deny the maintenance rights of either wife.

2. Maintenance Rights of the First Wife After Second Marriage

The first wife does not lose her entitlement after the second marriage. Her rights include:

• Ongoing Maintenance: The husband must continue to provide for her daily needs as before.

• Equality in Financial Support: If the husband spends on the second wife, he must not reduce the first wife’s share unjustly.

• Grounds for Divorce if Neglected: If she is denied maintenance for two years or more, she may seek dissolution of marriage under the Dissolution of Muslim Marriages Act, 1939.

Moreover, if the husband entered into the second marriage without the required permission from the Arbitration Council, the first wife can also use this as a legal ground for divorce.

3. Maintenance Rights of the Second Wife

The second wife, once married, immediately becomes entitled to the same level of maintenance as the first. Her rights include:

• Full Maintenance: She must be provided with food, clothing, healthcare, and shelter.

• Mahr (Dower): Any unpaid dower promised at the time of marriage is her financial right.

• Protection Against Neglect: If she is abandoned or treated unequally, she can file a case in Family Court for maintenance or divorce.

Thus, even though society often views the second wife differently, in the eyes of the law she enjoys equal protection.

4. Equal Treatment in Maintenance

Islamic law strictly requires fairness between wives. The Prophet (PBUH) emphasized equal treatment, and the Qur’an warns that if a man fears he cannot deal justly, he should not marry more than one wife.

In practice, this means:

• The husband cannot give better food, clothing, or housing to one wife while ignoring the other.

• He must provide separate but comparable accommodation if both wives cannot live peacefully together.

• Financial favoritism is considered zulm (injustice) and may serve as grounds for a wife to seek separation.

5. Maintenance During Disputes or Divorce

If either wife seeks divorce, her rights to maintenance continue during the iddat period (waiting period). Additionally:

• Dowry articles given at the time of marriage remain the personal property of each wife.

• If the husband divorces without paying her due mahr, the wife can claim it through court.

• A wife who is denied maintenance may also seek arrears of past maintenance in Family Court.

6. The Role of Family Courts

Family Courts in Pakistan play a vital role in enforcing maintenance rights. A wife—whether first or second—can file a suit for maintenance, and the court will assess the husband’s financial capacity and issue a maintenance decree.

The courts generally evaluate:

• The husband’s income and property.

• The lifestyle to which the wife was accustomed.

• Whether the husband is treating both wives equally.

Failure to comply with a court decree can result in imprisonment or attachment of the husband’s property.

7. Practical Challenges in Polygamous Setups

Despite clear laws, women in polygamous marriages often face challenges:

• Husbands sometimes favor one wife, leaving the other financially and emotionally neglected.

• Social stigma may discourage wives from filing maintenance cases.

• If the husband hides income or assets, enforcing fair maintenance becomes difficult.

Nonetheless, awareness of legal remedies empowers wives to secure their rights.

8. Conclusion

Permission for Second Marriage  Both wives in a polygamous marriage in Pakistan have full and equal rights to maintenance. The husband must provide them with food, clothing, housing, healthcare, and respect. Neglect, discrimination, or denial of maintenance gives either wife the legal right to approach Family Court for relief, including divorce if necessary.

Islam and Pakistani law are clear: second marriage does not diminish the rights of the first wife, nor does it make the second wife inferior. Instead, the responsibility on the husband increases—he must divide his time, wealth, and care fairly between both spouses.The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes. 

In short, the essence of maintenance rights after a second marriage lies in fairness, equality, and accountability, ensuring that neither wife suffers due to the husband’s decision to remarry.