Author: Sadia Javed, Advocate High Court
CEO of: SJ Law Experts, Islamabad
Email: SJLawExperts@gmail.com
Email: SadiaJaved.Lawyer@gmail.com
WhatsApp No. +92 (0) 335 411 2288
In Pakistan, family law mandates that a husband and father is legally and morally obligated to provide maintenance to his wife and children. Maintenance, which includes financial support for basic needs such as food, clothing, education, and healthcare, is a fundamental responsibility within the marital and parental roles. However, there has been a noticeable increase in cases where husbands and fathers are failing to fulfill this core duty. Being a family lawyer, I have noticed that the non-compliance of child maintenance raises significant concerns, not only about the welfare of women and children but also about the legal and societal mechanisms in place to enforce these obligations.
Legal Framework for Maintenance in Pakistan:
Under the Islamic law, which heavily influences the family law system in Pakistan, a husband is required to provide maintenance (Nafaqah) to his wife as long as the marriage subsists, provided the wife is obedient and fulfilling her marital duties. Similarly, a father is obligated to maintain his children, regardless of whether he is still married to their mother. Whereas, the law clearly stipulates that a wife is entitled to maintenance from her husband, which should cover her basic needs in accordance with the husband’s financial capacity. This right continues as long as the wife remains in the marriage and fulfills her marital obligations. In cases of divorce, the maintenance obligation generally ceases, except for the period of “Iddat” (waiting period), unless otherwise agreed upon in the marriage contract or as ordered by the family court. It is also, a father’s duty to provide maintenance for his children is unequivocal and continues until the children reach adulthood. This obligation persists even if the parents are divorced or separated. The maintenance includes not only the child’s basic needs but also their educational expenses and any special requirements they might have.
Despite clear legal obligations, as an experienced family lawyer in Islamabad, there has been a significant rise in cases where husbands and fathers neglect their duty to provide maintenance. This non-compliance can stem from various factors, including financial instability and unemployment are often cited as reasons for non-payment of maintenance. In some cases, the husband or father may lack the means to provide adequate support, leading to disputes and legal battles over the extent of his obligations. During the meetings with couple and providing them a legal advice on the family law matters, I have been noticed that many men are unaware of the full extent of their legal obligations regarding maintenance. This lack of awareness can lead to non-compliance, particularly in situations where men believe that their responsibilities end with divorce or separation. Nevertheless, by attending family courts hearings as a family lawyer, the traditional gender roles and societal attitudes towards marriage and divorce may also contribute to the problem. In some cases, societal pressure on women to avoid legal disputes or the stigma attached to seeking maintenance may prevent them from pursuing their legal rights.
Legal Recourse for Securing Maintenance:
I could clarify here as a female family lawyer in Islamabad that the Pakistani legal system provides several mechanisms for women and children to claim maintenance, where, family courts in Islamabad and in Pakistan are empowered to hear cases related to maintenance. A wife or child can file a suit for maintenance against the husband or father in the relevant family court. The court, after examining the financial status of the husband or father, can order a maintenance amount that is fair and just. Whereas, once a maintenance order is passed, it must be enforced. If the husband or father fails to comply with the court’s order, the aggrieved party can seek execution of the order through the court. This may involve the attachment of the non-compliant party’s property or income to ensure payment. It is important; therefore, the law also provides penalties for those who willfully neglect or refuse to pay maintenance. These penalties can include fines, imprisonment, or both, depending on the severity of the non-compliance and the impact on the wife or children. In my professional career as a family lawyer in Islamabad, while legal mechanisms are crucial in securing maintenance, societal support is equally important. Society must play a proactive role in addressing this issue, by public awareness campaigns are essential to educate both men and women about their rights and responsibilities concerning maintenance. Educational programs and media initiatives can help dispel misconceptions and promote a better understanding of family law obligations, and social services and non-governmental organizations can offer support to women and children who are facing financial difficulties due to non-payment of maintenance. This support can include legal assistance, financial aid, and counseling services. Also, society must also work to promote responsible parenthood and the importance of fulfilling legal and moral obligations towards one’s family. This can be done through community programs, religious teachings, and social initiatives that emphasize the significance of family unity and responsibility.
As a practicing family lawyer in Islamabad, the issue of maintenance in family law is not just a legal matter but also a reflection of societal values and responsibilities. While the law provides clear guidelines and remedies for securing maintenance, the rising cases of non-compliance highlight the need for greater awareness, enforcement, and societal support. By fostering a culture of responsibility and ensuring that legal obligations are met, we can better protect the rights and welfare of women and children in Pakistan, ultimately contributing to a more just and equitable society.
For legal advice from a family lawyer and to claim maintenance from the family courts of Islamabad and Rawalpindi, do contact SJ Law Experts, Islamabad.
