By Sadia Javed – Advocate High Court, Experienced Family Lawyer at Guardian Court Islamabad (SJ Law Experts)
As an Advocate of the High Court with years of practical experience representing clients in Family Courts across Pakistan, I have personally handled numerous cases related to the maintenance (nafaqah) rights of wives and children. Through my legal practice, I have seen how financial security often becomes the most pressing concern for women and children, especially after marital disputes or divorce.
This article serves as a comprehensive legal guide on maintenance under Islamic law and Pakistani family laws, supported by landmark court judgments, statutes, and real-world legal practice.
Understanding Maintenance (Nafaqah) in Islamic & Pakistani Law
In Islamic jurisprudence, maintenance (nafaqah) refers to a husband’s or father’s financial obligation to provide for his wife and children. This includes food, shelter, clothing, education, healthcare, and other essential needs.
- Maintenance of Wife → The husband must maintain his wife during marriage, according to his financial means and her standard of living.
- Maintenance of Children → Primarily the father’s duty until:
- Sons reach 18 years (or earlier if financially independent)
- Daughters get married
- Sons reach 18 years (or earlier if financially independent)
Legal Basis for Maintenance in Pakistan
- Islamic Law – Derived from the Quran and Sunnah.
- Quran (Surah Al-Talaq, Verse 7): “Let the man of means spend according to his means…”
- Quran (Surah Al-Talaq, Verse 7): “Let the man of means spend according to his means…”
- Statutory Law
- Family Courts Act 1964
- Muslim Family Laws Ordinance 1961
- West Pakistan Family Courts Rules 1965
- Child Marriage Restraint Act 1929
- Family Courts Act 1964
- Judicial Precedents – Numerous Supreme Court and High Court rulings interpret maintenance obligations.
Maintenance of Wife – Rights and Limitations
Under Islamic and Pakistani law, the husband must:
- Provide reasonable accommodation
- Pay for food, clothing, and healthcare
- Maintain her dignity and standard of living
- Support her even if she has independent wealth
When a Wife Loses Maintenance Rights
A wife may lose entitlement only if:
- She refuses to live with her husband without lawful excuse
- She is declared nashiza (disobedient) under Shariah
- Burden of proof lies on the husband (PLD 1996 Lahore 150)
Maintenance of Children – Father’s Responsibility
- Sons → Until they are 18 or become financially independent
- Daughters → Until marriage
- Includes → Education, healthcare, housing, and day-to-day expenses
- Even after divorce, the father’s duty continues
📌 Case Reference: PLD 1981 Lahore 48 – The father remains liable regardless of financial hardship.
How to Claim Maintenance in Pakistan
- Filing a Suit – Wife or guardian of minors can file a suit under Section 5, Family Courts Act 1964.
- Required Documents: CNICs, Nikahnama, children’s birth certificates, income proof (if available).
- Required Documents: CNICs, Nikahnama, children’s birth certificates, income proof (if available).
- Jurisdiction – The Family Court where the wife resides has authority (Section 9).
- Court Procedure
- Filing of plaint
- Summons to defendant
- Husband’s written statement
- Evidence (oral & documentary)
- Interim maintenance order
- Final decree
- Filing of plaint
Calculation of Maintenance Amount
Courts assess:
- Husband’s income (salary slips, assets, bank records)
- Standard of living
- Cost of living & inflation
- Educational expenses of children
📌 Case Reference: MLD 2005 Lahore 1272 – Maintenance increased considering inflation and school fees.
Interim Maintenance Orders
Under Section 17-A, Family Courts Act 1964, courts can order interim maintenance during trial to avoid hardship.
📌 PLD 2014 SC 330 – Interim maintenance is mandatory when relationship is proven.
Enforcement of Maintenance Decrees
If the husband defaults, courts can:
- Attach his salary/pension
- Seize property
- Issue arrest warrants
📌 YLR 2016 Lahore 1993 – Pension attachment allowed for non-payment.
Maintenance After Divorce
Even after divorce:
- Husband must pay Iddat maintenance
- Children’s maintenance continues
📌 PLD 2003 SC 671 – Divorce does not absolve father from child maintenance.
Increase in Maintenance Over Time
Courts can revise maintenance due to inflation and changing needs.
📌 YLR 2019 Lahore 2250 – Increase ordered due to rising costs.
False Defences Commonly Raised by Husbands
- Wife is nashiza (disobedient)
- Wife has independent income
- Husband is unemployed
📌 PLD 2017 Lahore 1 – Unemployment is not a valid defence.
Landmark Case Law Summary
| Citation | Principle Laid Down |
| PLD 1996 Lahore 150 | Burden on husband to prove disobedience |
| PLD 1981 Lahore 48 | Father bound despite financial hardship |
| MLD 2005 Lahore 1272 | Inflation considered in fixing maintenance |
| PLD 2014 SC 330 | Interim maintenance is mandatory |
| YLR 2016 Lahore 1993 | Salary/pension attachment allowed |
| PLD 2003 SC 671 | Divorce does not end child maintenance |
| YLR 2019 Lahore 2250 | Maintenance increased due to inflation |
| PLD 2017 Lahore 1 | Unemployment not a defence |
Role of SJ Law Experts in Maintenance Cases
At SJ Law Experts, we specialize in family litigation including:
- Filing and defending maintenance suits
- Obtaining urgent interim orders
- Enforcing decrees against defaulters
- Handling complex post-divorce cases
👉 Maintenance is not a charity – it is a legal duty under Pakistani and Islamic law.
Contact – Advocate Sadia Javed
📍 Office: No. 1, First Floor, Al Anayat Mall, G-11 Markaz, Islamabad
📞 Phone: +92-335-4112288
🌐 Website: SJ Law Experts – Maintenance Law in Pakistan
