Maintenance, known in Urdu as nan nafqa and in Islamic law as nafaqah, is not a favour a husband grants - it is a legal and religious obligation. Pakistani courts have repeatedly held that a wife's right to be maintained is enforceable through the Family Courts, both while the marriage subsists and, in a limited way, after it ends. This guide explains exactly what a wife can claim, how the court fixes the amount, what happens during iddat, and how to recover money a husband refuses to pay. For a tailored strategy, our maintenance and alimony lawyers can act for you.
What nan nafqa covers
Nan nafqa is the financial support a husband owes his wife for her essential needs. It is not a token payment; it must reflect a reasonable standard of living relative to the husband's means. In practice, a maintenance claim covers:
- Food - day-to-day sustenance and groceries.
- Clothing - reasonable seasonal clothing.
- Accommodation - a place to live, whether the matrimonial home or a suitable alternative.
- Medical care - treatment and medicine costs.
Maintenance for the wife is separate from child maintenance, which the father owes his children in addition. It is also separate from haq mehr (dower) and from dowry articles recoverable under the Dowry and Bridal Gifts (Restriction) Act 1976 - a wife may pursue all of these together.
Maintenance during the marriage
While the marriage subsists, the husband's duty to maintain is continuous. A wife does not have to be separated or divorced to claim - if a husband stops supporting her, or turns her out, she can file a suit for maintenance at once under Section 9 of the West Pakistan Family Courts Act 1964. The obligation flows from the Muslim Family Laws Ordinance 1961 framework and settled Islamic principles applied by the Family Courts.
Two points often decide these cases. First, a wife who is willing to live with her husband but is being denied support has a strong claim. Second, where the Nikah Nama records an agreed monthly maintenance figure, that agreed amount is binding on the Family Court. It is worth checking your Nikah Nama - our Nikah Nama guide explains what each column means.
How the court fixes the amount
There is no fixed statutory figure. The Family Court decides the quantum of maintenance on the facts, weighing several factors:
| Factor | Why it matters |
|---|---|
| Husband's income | The primary factor - salary, business earnings and assets set the ceiling for what is reasonable. |
| Standard of living | Maintenance should broadly preserve the lifestyle the couple enjoyed. |
| Wife's needs | Her age, health and reasonable requirements are weighed. |
| Cost of living | Local prices and inflation are factored into a realistic figure. |
| Nikah Nama clause | If a monthly amount was agreed at marriage, it is enforceable as fixed. |
Interim maintenance moves fast. Under Section 17A of the Act, the Family Court fixes interim monthly maintenance on the first date of the defendant's appearance. If the husband fails to pay by the 14th of each month, his defence can be struck off and the suit decreed on the plaint - a powerful lever for a wife left without support.
Automatic annual increase
Maintenance orders are not frozen. Where the Family Court does not prescribe its own rate of annual increase, the maintenance automatically rises by 10 percent every year under the Act. Recent higher-court rulings, including from the Lahore High Court, have clarified that this 10 percent increase is to be applied on a compound basis - each year's rise builds on the previous total, not just the original figure. Because circumstances change, either party can also apply to vary the amount if the husband's income rises or falls significantly.
Maintenance during iddat and after divorce
After a talaq or khula, the picture changes. During iddat - the waiting period of roughly three months or three menstrual cycles - the husband remains fully liable to maintain his former wife, including her accommodation, food and clothing. This right is well settled.
Once iddat is complete, a divorced wife's personal maintenance ordinarily ends under the general Islamic rule. However, that does not leave her empty-handed. She can still recover:
- Any deferred haq mehr that falls due on divorce.
- Arrears of maintenance that accrued during the marriage and were never paid.
- Dowry and bridal gifts (jahez) under the 1976 Act.
- Ongoing child maintenance for any children in her custody.
A guardian mother can pursue custody and child support alongside these claims - see our child custody and support service.
Recovering unpaid arrears
A husband who simply stopped paying does not escape the debt. A wife can sue for accumulated arrears of maintenance for a period before the suit, and the court can decree the total as a lump sum or in instalments. The exact recoverable period turns on the pleadings and facts of each case, so this is where specific advice matters. Practically, the sooner a claim is filed, the cleaner the recovery.
Enforcing a maintenance decree
Winning a decree is only half the battle; enforcement is where many wives need a determined lawyer. If a husband refuses to pay a maintenance decree, the Family Court has real teeth:
| Enforcement step | Effect |
|---|---|
| Recovery as arrears of land revenue | The decretal amount can be recovered like a government due, a fast statutory route. |
| Attachment of salary | The husband's employer can be directed to deduct and remit the maintenance. |
| Attachment of property | The court can attach and, if needed, sell the husband's assets to satisfy the decree. |
| Warrant and civil imprisonment | A defaulting husband can be arrested and detained until he complies. |
Court fees: filing a maintenance suit in the Family Court attracts only a nominal fixed fee, and there is no ad valorem court fee on the maintenance amount claimed. Incidental costs - process fees, copying and lawyer's fees - vary by district and by the complexity of the case, so ask for a written estimate at your consultation.
How to file a maintenance suit
- Gather documents - Nikah Nama, CNIC, proof of the husband's income (salary slips, business records) and any evidence of non-payment.
- File the plaint under Section 9 in the Family Court that has jurisdiction where you reside.
- Seek interim maintenance under Section 17A on the first date, so support starts flowing while the case runs.
- Lead evidence on the husband's means and your needs.
- Obtain the decree - with the annual increase fixed - and move to enforcement if he defaults.
Frequently asked questions
Is a wife entitled to maintenance while still married?
Yes. Under Islamic law and Section 9 of the West Pakistan Family Courts Act 1964, the husband must maintain his wife - food, clothing, accommodation and medical care - throughout the marriage, according to his means.
How do family courts decide the amount?
Mainly on the husband's income and lifestyle, plus the standard of living, the wife's needs and the cost of living. A monthly figure written into the Nikah Nama is enforceable as agreed.
Can a wife claim maintenance after divorce?
She is entitled to full maintenance for the whole iddat period (about three months). Personal maintenance usually ends once iddat is over, but deferred haq mehr, arrears and dowry articles remain recoverable.
How far back can unpaid maintenance be recovered?
A wife can claim arrears for a period before filing, and the court can decree the total as a lump sum or in instalments. The exact period depends on the facts, so take specific advice.
Does the amount increase automatically each year?
Yes. Where the court does not fix its own rate, maintenance rises 10 percent a year automatically, and recent rulings apply this on a compound basis.
What if the husband refuses to pay?
The court can recover the amount as arrears of land revenue, attach his salary or property, and issue a warrant with civil imprisonment until he complies.