How to Claim Maintenance in Pakistan

Introduction

Maintenance, also known as kharcha-e-nafqa, refers to the financial support that a husband is required to provide to his wife and children. Many people, especially wives or divorced women, often wonder: “How can I claim maintenance in Pakistan?” or “What are my rights if my husband is not paying?”

This guide explains in simple words how you can claim maintenance, what documents you need, where to file your application, and what to do if your spouse refuses to pay. Whether you live in Pakistan or abroad, understanding your rights and following the right steps can ensure that your family gets the support it deserves.

Legal Basics

MMaintenance (kharcha-e-nafqa) is a legal right for wives, divorced wives, and children under Pakistani law. It ensures that a family member who cannot fully support themselves receives financial help from the husband or father.

Key points people often ask about:

Section 17A, Family Courts Act – This section explains who can claim maintenance and how to file in the Family Courts. It helps ensure your application is legally recognized.

Section 277 of the Muslim Law – Sometimes cited in family disputes to clarify financial obligations of the husband.

Section 488 of CrPC – Used if you need court help to produce documents or witnesses to prove your claim.

Where to file – Maintenance applications are submitted to the Family Court in the area where the marriage was registered. If you are living abroad, you can file through a Power of Attorney with the help of a representative.

Case law and judicial approach – Courts focus on the welfare of children and the standard of living. They consider the husband’s income, lifestyle, and ability to pay when deciding maintenance amounts.

Who can claim – Wife, divorced wife, minor children. In some cases, parents or guardians can also claim, if supported by law.

Jurisdiction – Family Courts handle maintenance cases, but sometimes Civil Courts may be involved for specific enforcement matters.

Practical effect – Understanding these basics helps you file correctly, avoid delays, and ensure that maintenance is calculated fairly.

Step-by-Step Guide to Claim Maintenance (Kharcha-e-Nafqa)

1. Check if you are eligible

• Wives, divorced wives, and minor children can claim maintenance.
• Even if you live abroad, you can claim through a Power of Attorney.

2. Gather the necessary documents

• Marriage certificate (attested)
• CNIC of husband, wife, and children
• Proof of husband’s income (salary slips, bank statements)
• Proof of children’s expenses (school fees, medical bills, daily needs)
• Any previous court orders (if applicable)

3. Draft your maintenance application

• Clearly mention your relationship with the husband/father
• Specify how much maintenance you are seeking and why
• Include proof of expenses and husband’s income

4. Where to file

• Submit your application to the Family Court in the area where the marriage was registered.
• If you are abroad, a representative with Power of Attorney can file on your behalf.

5. Request interim/urgent maintenance (if needed)

• If your family needs money immediately, ask the court for temporary maintenance until the final order.

6. Attend court hearings

• Be ready to provide evidence: bank statements, school fees, and medical bills.
• Husband may also provide evidence. The court evaluates needs vs. ability to pay.

7. Final order

• The court will issue a maintenance amount considering the children’s needs, the wife’s expenses, and the husband’s income.

8. Enforcement

• If the husband does not pay, you can request attachment of salary, bank accounts, or property.
• Courts can also take contempt action against non-payment.

9. Appeals / Revision

• Either party can appeal if the order is unfair.
• Maintenance amounts can be changed or increased later if circumstances change.

Required Documents for Maintenance

To claim maintenance, you should have the following documents ready:

1. CNIC / Identity Proof

• CNIC of wife, husband, and children.

2. Marriage Certificate

• Attested copy of the marriage certificate.

3. Proof of Children’s Birth / Age

• Birth certificates to prove eligibility for child maintenance.

4. Proof of Husband’s Income

• Salary slips, bank statements, tax returns, or employer letters.
• For businessmen: company accounts, bank statements, or official documents.

5. Proof of Expenses / Needs

• School fees, utility bills, medical bills, rent, and daily living expenses.

6. Previous Court Orders (if any)

• Any interim or prior maintenance orders.

7. Power of Attorney (if filing through a representative)

• Required if you are abroad or cannot appear in court.

8. Any Other Supporting Evidence

• Proof of marital breakdown, witness affidavits, or special needs of children.

Common Problems & Solutions in Maintenance (Kharcha-e-Nafqa) Cases

1. Problem: Husband hides income or under-reports it.
Solution: Ask the court to request bank statements or employer proof. Courts can issue production orders to ensure all income is disclosed.

2. Problem: How much maintenance should I claim?
Solution: Courts consider the needs of the wife and children, the father’s/husband’s income, and the family’s standard of living. Bring all proof of expenses to show your actual needs.

3. Problem: Husband lives abroad and refuses to pay.
Solution: You can file through a Power of Attorney. Courts can coordinate with embassies or attach Pakistani assets if needed.

4. Problem: Delay in Family Court or interim relief not granted.
Solution: File an urgent application for temporary maintenance with proof of immediate needs like school fees, rent, and living expenses.

5. Problem: Court costs — who pays?
Solution: Generally, each party pays its own court fees. Sometimes, the court can order the husband to pay costs if it finds the application justified.

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FAQs – Maintenance / Kharcha-e-Nafqa

Q1: What is kharcha-e-nafqa?
A: Kharcha-e-nafqa is the financial support a husband must provide to his wife and children to cover daily living, education, and medical needs.

Q2: Can I claim maintenance while living abroad?
A: Yes. You can file a Power of Attorney with a representative in Pakistan to submit your maintenance application.

Q3: How much child maintenance should a father pay in Pakistan?
A: There is no fixed amount. Courts consider the father’s income, the child’s needs, and the family’s standard of living.

Q4: What is Section 17A of the Family Courts Act?
A: Section 17A explains who can claim maintenance and the process for filing in the Family Courts.

Q5: What is Section 277 of the Muslim Law?
A: Section 277 defines certain financial obligations of the husband in family disputes, often cited in maintenance cases.

Q6: What is Section 488 of the CrPC?
A: Section 488 allows the court to summon witnesses or documents to support maintenance claims.

Q7: Which section governs maintenance suits?
A: Maintenance claims are generally filed under the Family Courts Act and relevant personal laws, depending on the religion of the parties.

Q8: Who pays court costs in Family Court?
A: Usually, each party pays their own court fees, but sometimes the court orders the husband to pay costs if justified.

Q9: Can maintenance be changed or increased later?
A: Yes. You can apply to the court to increase or revise maintenance if your circumstances change, such as higher expenses or an increase in your husband's income.

Q10: How can I enforce a maintenance order if the husband refuses to pay?
A: Enforcement can be done by attachment of salary, bank accounts, property, or through contempt proceedings in court.