Maintenance Issues in Pakistan – Legal Perspective

Who is Entitled to Maintenance?

Under Pakistani law, the following individuals are generally entitled to maintenance:

• Wife: A wife is entitled to maintenance from her husband during the subsistence of marriage, regardless of her financial status.

• Children: Both sons and daughters have a right to maintenance from their father. Sons are entitled until they become financially independent or reach adulthood, while daughters are entitled until marriage.

• Parents: In certain circumstances, parents can claim maintenance from their children if they are unable to support themselves.

Maintenance for Wife

The husband is bound to provide for his wife’s:

• Food

• Clothing

• Residence

• Medical expenses

• Other basic necessities as per his financial status

Even if the wife has her own income, her right to maintenance remains intact unless she refuses to live with her husband without lawful justification.

Maintenance for Children

The father is primarily responsible for the maintenance of children. This includes:

• Education expenses

• Health care

• Daily living costs

If the father neglects or refuses to provide maintenance, the mother or guardian can file a suit in the Family Court.

Maintenance After Divorce

A divorced woman is entitled to maintenance during the iddat period. After iddat, the husband’s obligation to maintain the wife ends unless otherwise agreed upon in a settlement.

Legal Remedies for Non-Payment

If maintenance is not paid, the aggrieved party can:

• File a suit in the Family Court under the Family Courts Act

• Seek execution of decree if the court has already ordered maintenance but the husband or father fails to comply

In some cases, failure to pay maintenance can lead to contempt proceedings or even imprisonment.

Recent Legal Trends

Pakistani courts have consistently emphasised the welfare of children and the financial security of women. Recent judgements stress:

• Fair assessment of the father’s income

• Inflation-adjusted maintenance amounts

• Prioritising children’s education and healthcare needs

Conclusion

Maintenance is not just a legal duty but also a moral responsibility. It ensures financial stability and security for family members. If you or someone you know is facing maintenance issues, it is important to seek timely legal help to protect your rights.

Need Legal Advice or Support?

Our team at The MC Legal specialises in family law matters, including maintenance claims, child support, and enforcement of court decrees.
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