Wife maintenance, often referred to in legal terms as “nafqah”, is a critical component of family law in Pakistan. The legal obligation of a husband to financially support his wife is rooted in Islamic principles and codified under Pakistan’s Muslim Family Laws Ordinance, 1961, and relevant provisions of the Family Courts Act, 1964. This duty applies during marriage and, in certain cases, continues for a limited period after divorce. https://lex.com.pk/
What Does Maintenance Include?
Maintenance is not limited to monetary payments—it encompasses the provision of basic necessities, including:
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Food
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Clothing
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Residence (shelter)
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Medical expenses
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Other essentials according to the social status of the wife
The amount is assessed based on the financial capability of the husband and the standard of living the wife is accustomed to.
When Is Maintenance Owed?
A wife is entitled to maintenance from her husband as long as she remains faithful, obedient within lawful bounds, and lives with him unless separated for valid reasons. If the husband refuses or neglects to maintain his wife without lawful justification, she has the legal right to approach the Family Court to claim maintenance.
Legal Process for Claiming Maintenance
A wife may file a maintenance suit before the Family Court under the West Pakistan Family Courts Act, 1964. The court, after hearing both parties and reviewing evidence, determines whether maintenance is owed and fixes a monthly amount based on the husband’s income and resources. The order is binding and enforceable by law.
Interim Relief and Backdated Claims
Family courts may also grant interim maintenance, allowing the wife to receive financial support during the course of the trial. Additionally, courts can order backdated payments, meaning the husband may be directed to pay arrears from the date of the wife’s initial demand or the date the suit was filed.
Maintenance During Separation
If the couple is separated but not divorced, the husband still remains liable to provide maintenance. A wife who leaves the marital home for valid legal reasons (such as abuse, neglect, or cruelty) does not lose her right to maintenance during the period of separation.
Maintenance After Divorce (Iddat Period)
In case of divorce, the husband is obligated to support his former wife during the iddat period, which usually lasts for three menstrual cycles or approximately three months. During this time, maintenance includes residence and living expenses. After the iddat, maintenance ceases unless the wife is pregnant or financially dependent under special circumstances.
Failure to Pay Maintenance
If a husband fails to comply with a maintenance order, the court can initiate execution proceedings. This may involve:
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Attachment of salary or income
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Seizure of property
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Issuance of arrest warrants
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Legal penalties or fines
Persistent refusal to pay can also affect the husband’s credibility in other family law matters, including custody or inheritance disputes.
