Maintenance

In Pakistani family law, maintenance refers to the general welfare and financial support that includes food, clothing, housing, medical care, and other essentials required for a decent standard of living. Although the Family Law Ordinance does not define maintenance explicitly, Islamic and statutory laws make it the legal duty of the husband to maintain his wife and children.

At Shabir Shar Law Associates, our experienced family law practitioners provide legal guidance and representation to wives, mothers, and guardians seeking fair maintenance through the Family Courts of Pakistan.

The husband is obligated to maintain his wife throughout the marriage. Even after separation — by divorce, Khula, or otherwise — the wife remains entitled to maintenance during the Iddah period. If the wife is pregnant, the husband must continue paying maintenance until childbirth. The Holy Prophet (PBUH) instructed Muslim men to provide for their wives and children even in times of marital conflict, emphasizing fairness, compassion, and responsibility.

Under Islamic Law, when a woman exercises her right of Talaq-e-Tafweez (delegated right of divorce given in the Nikah Nama), she retains her right to recover her dowry (Haq Mehr) and other lawful entitlements. Similarly, in the event of a husband’s death, a widow is entitled to financial security and compensation from her husband’s estate, in accordance with the laws of inheritance and succession.

A suit for recovery of maintenance is filed under the West Pakistan Family Courts Act, 1964. It may be filed by the wife for her own maintenance or by the mother or guardian for the maintenance of minor children.

The procedure is as follows:

1. The plaintiff (wife or guardian) files a plaint before the Family Court in the area where she ordinarily resides.

2. The court issues a notice to the defendant (husband) under Order V of the Civil Procedure Code, 1908.

3. If the husband fails to appear, the court may proceed ex parte and pass a decree in favor of the wife or child.

4. If the husband appears, he must file a written statement and provide financial evidence. Both parties then present their testimonies and proofs.

5. The Family Court determines maintenance based on the husband’s earning capacity and social status.

6. Failure to comply with a maintenance order may result in simple imprisonment up to one year or a fine up to Rs. 5,000, or both.

Who can claim maintenance:

• Wife: During marriage and till completion of Iddah after divorce or Khula.

• Pregnant Wife: Until childbirth.

• Minor Children: For food, education, medical care, and general welfare.

• Widow: From the deceased husband’s estate as per inheritance laws.

The team at Shabir Shar Law Associates offers comprehensive legal support for:

• Recovery of maintenance for wife and children.

• Enforcement of Family Court orders.

• Custody and guardianship matters.

• Dowry, dower, and inheritance claims.

Our firm ensures that every case is handled with compassion, confidentiality, and efficiency, protecting the rights of women and children in accordance with Islamic and Pakistani laws.

If you are facing issues related to non-payment of maintenance or wish to file a suit for recovery, contact our family law experts for professional assistance and representation.