Is maintenance due while the wife lives at her parents’ home?

Question

Question: Zayd sent his wife Hinda to her parents’ home with the promise of two months. When the period had passed, he did not call Hinda back. Hinda’s near ones and relatives mentioned once or twice that Hinda should be called back, but Zayd did not agree to call her. Some days later Zayd went away. Hinda spent a full year living at her parents’ home. When Zayd came back, he was told: “Call your wife back.” Zayd said in clear words: “I will never call Hinda back; it is the will of my late sister.

Answer

Since Zayd himself sent his wife to her parents’ home, then as long as she stays at her parents’ home with Zayd’s permission she is entitled to maintenance. However, if she went without permission, or, having gone with permission, did not come back despite Zayd calling her, but rather stayed at her parents’ home without permission, then she is not entitled to the maintenance…

Source: Fatawa Mahmudiyya

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