Under Pakistani family law a husband is legally bound to maintain his wife during marriage (and her iddat after divorce), and a father is bound to maintain his children — and where he fails, the Family Court can fix and enforce monthly maintenance (nafaqah), including past maintenance. Maintenance claims are among the most commonly filed family cases in Pakistan, and interim maintenance can be ordered early in the case.
Who is entitled to maintenance
- Wife: entitled during the marriage; a wife who lives separately for lawful cause (e.g. cruelty or non-payment of prompt Mehr) generally retains her right. After divorce she is entitled to maintenance for the iddat period.
- Children: the father maintains minor children regardless of who has custody; sons typically until majority/completion of education (as courts direct) and daughters commonly until marriage.
- Parents: in need, parents can also claim maintenance from children of means.
How much maintenance do courts award?
There is no fixed national figure — the Family Court fixes maintenance according to the husband’s/father’s means and status and the reasonable needs of the wife and children (food, clothing, housing, education, medical care). Courts routinely direct annual increases in the fixed amount and can require documentary proof of income; concealment of income is common, and courts may assess earnings from lifestyle and circumstances.
How to file a maintenance case — step by step
- Engage a family lawyer and gather proof — nikah nama, children’s B-forms, the husband’s income details, and your expenses.
- File the maintenance suit in the Family Court (it can be combined with khula, custody or dowry claims in one plaint).
- Interim maintenance — the court can fix a monthly amount at an early stage, payable while the case runs; non-payment can result in the defence being struck off.
- Evidence — both sides present income and needs evidence.
- Decree — the court fixes monthly maintenance (often with annual increase) and may award past maintenance.
- Enforcement — decrees are executed through the court: attachment of salary/property and even arrest of a wilful defaulter.
Common questions of fact courts decide
- Whether the wife left the house with or without lawful cause.
- The father’s true income (salary slips, bank statements, business record, lifestyle).
- Reasonable schooling and medical costs of the children.
FAQs on Wife and Child Maintenance in Pakistan
Can a working wife claim maintenance?
Her own income is a factor the court may consider, but the husband’s duty to maintain is not automatically extinguished — outcomes depend on facts.
Can children claim maintenance if the mother has custody?
Yes. The father’s duty to maintain minor children applies regardless of custody, even after khula or divorce.
What is past maintenance?
Maintenance for a period before filing during which the husband/father failed to pay — courts can award it subject to legal limits.
What if he refuses to pay after the decree?
The decree is executed through the Family Court — attachment of salary or property, and coercive measures against wilful defaulters.
How long does a maintenance case take?
Interim maintenance can be fixed early; final decrees depend on evidence and workload — family courts are directed to decide such cases expeditiously. Not receiving maintenance for yourself or your children? Saleem & Saleem files and enforces nafaqah claims in Family Courts across Pakistan.
