Maintenance is Not Mandatory (Wajib) in the Following Conditions
Allah says:-
(S15-A7) "A person should spend according to his means."
Hadees Shareef
"On the occasion of Hajjatul Vida, Nabi Kareem Sal'am said that you are bound to give
food
and clothes as per the tradition (Noorul Hadaya)"
For a woman who is in Nikah it is mandatory (Wajib) on the husband to provide maintenance such as food, clothes and shelter befitting the social position of both the partners. (Noorul Hadaya, Durr-e-Mukhtar)
Maintenance (Nafqa) of his children, parents and grand parents is also mandatory (Wajib) if they are poor and needy. (Ahsan-ul-Masail)
The father, in order to get his (Nafqa) maintenance is permitted, to sell the article, belonging to his sons but selling away land is not permissible. (Ahoanul Masl)
Maintenance (Nafqa) is also mandatory (Wajib) for a divorced wife who is under probationary period (Iddat). (Bahrur Raqaiq)
Maintenance (Nafqa) is also mandatory for the woman who does not allow her husband to copulate in order to get her whole or part of dower (Mehar Mo’ajal) from her husband whether she had already had the sex with him or not. (Ghayatul Autar)Maintenance allowance is also mandatory (Wajib) for the wife who lives in her father's house and the husband has not demanded for shifting and has the facility of privacy for sex. (Ghayatul Autar)
If the husband is a wealthy person , it is mandatory (Wajib) for him to pay maintenance (nafqa) for a servant also. According to Imam Abu Yousuf (Rah) maintenance of two servants is essential, one for house hold work and another for out door work. As per Imam Mohammed (Rah). and Imam Abu Hanifa (Rah). one of them may be the MUTAVALLI (Trustee) of either. Verdict in this regard is also available. If he is poor, servant's maintenance (Nafqa) is not necessary. But in view of Imam Mohammed Rah. one servant's maintenance is essential even though he is poor. (Noorul Hadaya)
If the QAZI fixed the maintenance (Nafqa) at the time of poverty of the husband but later if he becomes rich and the wife demands it he will have to pay maintenance (Nafqa) payable by the wealthy person since he has become rich. (Noorul Hadaya)
If the husband has not paid maintenance (Nafqa) for a pretty long time to his wife, the maintenance (Nafqa) for the past days will be considered as invalid. However when the QAZI has fixed the maintenance allowance for the past days or both agreed on something in that case, the maintenance allowance for the past days will also be paid when both are alive. (Noorul Hadaya)
If maintenance allowance is paid in advance and after some time one of the couple dies, the maintenance allowance of the remaining period will not be returned.
There is a religious verdict in this regard. But according to Imam Mohammed (Rah). and Imam Shafai Rah. the maintenance allowance of the remaining days will be calculated and returned. (Noorul Hadaya)
Maintenance is Not Mandatory (Wajib) in the Following Conditions
The woman who left home mischievously and inspite of calling back does not return. If the wife is imprisoned due to loan or fell ill in her father's house or somebody had abducted her or gone for Haj without her husband and for the girl who is not fit for sex due to immaturity. (Noorul Hadaya, Ahsanul Masail)
Important. It is mandatory (Wajib) for the husband to keep his wife in a separate house in which no member of his family should live nor her step son. If the wife agrees to live with his other relatives, then the house should be large enough with locking facility to the portion alloted to her (Noorul Hadaya)
The husband has a right not to allow the parents of his wife and her children from previous husband to her house as this house belongs to him only. But prohibiting them from talking to his wife once in a week is not permissible. And prohibiting the woman to go to her parents or her parents coming to see her or prohibiting from seeing close relatives in a year is not permissible and there is a verdict in this regard. (Noorul Hadaya, Khanica)