Claim to Terminate a Wife’s Maintenance Due to Marital Disobedience in Jordan

SEO Title: Claim to Terminate Wife’s Maintenance Due to Disobedience in Jordan | Jordanian Personal Status Law

Meta Description: Learn about a claim to terminate a wife’s maintenance due to marital disobedience in Jordan, including legal requirements, marital residence, dowry, pregnancy, evidence, and a sample statement of claim.

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## Model Statement of Claim to Terminate a Wife’s Maintenance Due to Disobedience in Jordan

A claim to terminate a wife’s maintenance due to marital disobedience in Jordan is a legal claim related to the financial rights arising from marriage. These matters are governed by the Jordanian Personal Status Law No. 15 of 2019, which contains provisions concerning spousal maintenance, the marital residence, marital disobedience, and the legal consequences that may arise in relation to the wife’s entitlement to maintenance.

Personal status matters involving Muslim families fall within the jurisdiction of the Jordanian Sharia Courts. The relevant legislation and judicial principles are published by the Department of the Chief Justice. (sjd.gov.jo)

The following is a legally oriented, SEO-friendly model of a Statement of Claim to Terminate a Wife’s Maintenance Due to Disobedience, based on the relevant facts and provisions of Jordanian Personal Status Law.

# Statement of Claim to Terminate Wife’s Maintenance Due to Disobedience

Before the Honorable Sharia Court

Claimant: ........................................\ Attorney: ........................................\ Defendant: ........................................\ Address: ........................................\ Telephone: ........................................

### Subject of the Claim

Claim to Terminate a Wife’s Maintenance Due to Marital Disobedience

## Facts of the Claim

The Claimant is legally married to the Defendant pursuant to a valid Islamic marriage contract dated ../../...., registered with the competent Sharia Court under Marriage Certificate No. (........).
The Defendant was awarded monthly spousal maintenance pursuant to a previous Sharia Court judgment issued in Case No. (........) dated ../../...., in the amount of (........) Jordanian dinars per month.
The Claimant has provided the Defendant with a marital residence that satisfies the applicable legal and Sharia requirements and is suitable for residential purposes in terms of its location, facilities, and general conditions. The residence also provides the conditions required for the wife to carry out her religious and worldly affairs and to be secure with respect to herself and her property.
On ../../...., the Defendant left the marital residence without a legally recognized justification and refused to return to it and resume cohabitation with the Claimant, despite the Claimant having prepared a suitable marital residence.
The Defendant also refused to move to the marital residence without a recognized legal or Sharia justification, or prevented the Claimant from entering the residence, as applicable to the facts of the case and the evidence submitted before the Court.
The Claimant maintains that the marital residence has been prepared in accordance with his circumstances and satisfies the applicable requirements concerning housing, safety, and the wife’s ability to carry out her religious and worldly affairs.
The Claimant has also paid the prompt portion of the dowry (mahr) due to the Defendant, and no outstanding prompt dowry remains that would give her a legal basis to refuse to move to the marital residence, subject to the evidence and documents submitted in the case.
The Defendant is not pregnant, according to the Claimant’s information, and continues to receive the maintenance awarded under the previous judgment referred to above. Accordingly, the Claimant has filed this action seeking the legal consequences arising from the alleged marital disobedience.
Since the Jordanian Personal Status Law regulates spousal maintenance, marital disobedience, and the marital residence, the Claimant requests that the Court examine the facts and evidence and apply the relevant provisions of the law. (sjd.gov.jo)

# Legal Basis for Terminating Wife’s Maintenance Due to Disobedience

## Spousal Maintenance Under Jordanian Law

The Jordanian Personal Status Law establishes provisions concerning a wife’s maintenance. In general, the husband is responsible for his wife’s maintenance even if she is financially independent. Maintenance includes food, clothing, housing, medical treatment to the customary extent, and domestic service where women in her circumstances ordinarily have such service.

However, the right to maintenance must be considered together with the mutual obligations arising from marriage. Jordanian law regulates circumstances in which a wife’s maintenance may be affected by refusing to move to the marital residence or leaving it without a legally recognized justification. (sjd.gov.jo)

## When Is a Wife Considered Disobedient Under Jordanian Law?

The Jordanian Personal Status Law addresses marital disobedience (nushuz) and connects it to specific circumstances. Among these circumstances is the wife leaving the marital home without a legally recognized justification or preventing the husband from entering her residence before requesting relocation to another home.

At the same time, leaving the marital residence does not automatically constitute marital disobedience in every situation. The law recognizes circumstances that may constitute legitimate grounds for leaving the residence, including situations involving physical harm, mistreatment by the husband, or circumstances in which the wife cannot feel secure regarding herself or her property. (sjd.gov.jo)

Therefore, a claim to terminate wife’s maintenance due to disobedience should address the reason for leaving the marital residence and the circumstances surrounding the departure rather than simply stating that the wife left the home.

# Importance of the Marital Residence in a Disobedience Claim

The marital residence is an important element in cases involving maintenance and marital disobedience.

Jordanian Personal Status Law regulates the requirements applicable to the marital residence. The husband is required to provide housing containing the legally required facilities according to his circumstances and place of residence or work. After receiving her prompt dowry, the wife is generally required to follow her husband and reside with him in a residence that satisfies the legal requirements. (sjd.gov.jo)

The law also requires the residence to be in a condition that enables the wife to conduct her religious and worldly affairs and to feel secure regarding herself and her property.

Accordingly, a claim concerning termination of wife’s maintenance due to disobedience should clearly describe the marital residence and explain how it satisfies the applicable legal requirements.

# Suggested Wording Concerning the Wife Leaving the Marital Residence

The relevant fact may be drafted as follows:

“On ../../...., the Defendant left the marital residence located at ................ without a legally recognized justification, despite the Claimant having provided her with a marital residence that satisfies the applicable legal requirements and is suitable in terms of its location, facilities, and living conditions. The residence provides privacy and security, and there was no legal or Sharia-based impediment preventing her from residing there. Nevertheless, she refused to return to the marital residence and resume cohabitation with the Claimant.”

This paragraph should be modified according to the actual facts of the case. A statement of claim should not contain facts that are inaccurate or unsupported by available evidence.

# Is Leaving the Marital Home Sufficient to Terminate Maintenance?

Leaving the marital home alone does not necessarily establish marital disobedience.

Jordanian law distinguishes between leaving the marital residence without a legally recognized justification and leaving it for a reason that the law recognizes as legitimate.

Accordingly, a claim should address the circumstances surrounding the departure, the condition of the marital residence, and whether there was a legitimate reason preventing the wife from returning or moving into the residence. (sjd.gov.jo)

The judicial principles published by the Department of the Chief Justice also address issues relating to marital disobedience, making relevant judicial principles important when preparing a claim and identifying the facts that need to be established through evidence. (sjd.gov.jo)

# Effect of the Prompt Dowry on a Disobedience Claim

One of the relevant facts that may be included in a claim is the payment of the prompt portion of the dowry (mahr).

This may become important where there is a dispute over the wife’s right to refuse to move to the marital residence. Jordanian Personal Status Law regulates circumstances in which a wife may have a right to refuse to move, including circumstances relating to non-payment of the prompt dowry or failure to provide a legally suitable marital residence.

Therefore, where the prompt dowry has actually been paid, this fact may be stated in the claim and supported by relevant evidence where it is disputed.

# Effect of Pregnancy on Maintenance in Cases of Disobedience

Special consideration should be given to pregnancy.

The Jordanian Personal Status Law contains a specific provision concerning the situation where the wife is pregnant. Therefore, when considering the effect of marital disobedience on maintenance, the wife’s pregnancy status should be accurately addressed in the statement of claim and supported by appropriate evidence where necessary. (sjd.gov.jo)

# Sample Requests in a Claim to Terminate Wife’s Maintenance

After setting out the facts and legal basis, the requests may be drafted as follows:

### Therefore

The Claimant respectfully requests that the Honorable Court, after duly serving the Defendant and summoning her to appear:

Find that the Defendant is in marital disobedience, to the extent established by the facts and evidence presented before the Court.
Order the termination of the wife’s maintenance awarded under the previous judgment, in accordance with the Jordanian Personal Status Law.
Apply the legal consequences arising from the judgment in accordance with the applicable legislation.
Order the Defendant to bear court fees, expenses, and attorney’s fees where legally applicable.
Grant any other relief that the Honorable Court considers lawful and appropriate.

Respectfully submitted.

Claimant: ....................\ Attorney: ....................\ Date: ../../....

# Documents That May Be Relevant to the Claim

Depending on the circumstances of the case, the supporting documents and evidence may include:

A copy of the marriage certificate.
A copy of the previous judgment concerning maintenance.
Evidence showing the amount of maintenance previously awarded.
Evidence of payment of the prompt dowry, where disputed.
Documents relating to the marital residence.
Evidence establishing the address and characteristics of the residence, where relevant.
Correspondence or notices concerning the wife’s return to the marital residence, if available.
Evidence concerning the reason for leaving the marital home or refusing to move to it.
Witness testimony or other evidence permitted by law.
Any additional documents relevant to the facts of the case.

The evidentiary value of these documents is ultimately determined by the competent court in accordance with the applicable law and the evidence presented.

# Does a Previous Maintenance Judgment Prevent a Disobedience Claim?

The existence of a previous judgment awarding maintenance does not by itself determine whether maintenance must continue under all subsequent circumstances, nor does it automatically establish marital disobedience.

Where a previous maintenance judgment exists, the claim should identify the judgment number, date, and amount of maintenance awarded. It should then explain the subsequent facts relied upon by the claimant in seeking the legal consequences associated with marital disobedience.

This is particularly relevant where the claimant seeks to connect a previous maintenance judgment with alleged subsequent conduct by the wife.

# Which Court Has Jurisdiction Over Maintenance and Disobedience Claims in Jordan?

The Jordanian Sharia Courts have jurisdiction over personal status matters involving Muslims, including disputes arising from marriage contracts and matters such as dowry, maintenance, custody, lineage, and other personal status issues falling within their jurisdiction.

The Department of the Chief Justice publishes information concerning the jurisdiction of the Sharia Courts as well as the applicable personal status legislation. (sjd.gov.jo)

The Department also publishes the Jordanian Personal Status Law No. 15 of 2019 and judicial principles issued by the Supreme Sharia Court. (sjd.gov.jo)

# Conclusion

A claim to terminate a wife’s maintenance due to marital disobedience in Jordan is based on a set of legal and factual issues that should be presented clearly and accurately.

Important elements may include:

The existence of a valid marriage.
A previous maintenance judgment, where applicable.
The amount and date of the previous maintenance judgment.
The wife’s departure from the marital residence or refusal to move into it.
The circumstances surrounding the departure or refusal.
Whether there was a legally recognized justification.
Evidence that the marital residence satisfies the applicable legal requirements.
Payment of the prompt dowry.
The wife’s pregnancy status, where relevant.
Supporting evidence for the alleged facts.

The legal effect of these circumstances depends on the Jordanian Personal Status Law, the facts established before the court, and the evidence presented by the parties.

## Official Legal Sources

Jordanian Personal Status Law No. 15 of 2019 – Department of the Chief Justice
Jordanian Personal Status Law No. 15 of 2019 – Official PDF
Judicial Principles – Supreme Sharia Court
Jordanian Sharia Courts – Department of the Chief Justice

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Legal Disclaimer: This article is provided for general informational and drafting purposes and does not constitute legal advice. The appropriate legal characterization, claims, evidence, and procedural requirements should be reviewed by a qualified lawyer or specialist in Jordanian personal status law based on the specific facts of each case.