Maintenance, or “Nafaqah” (نفقہ), is a crucial aspect of family law in Pakistan, particularly in cases of marital disputes, divorce, or child custody. Determining the amount of maintenance involves various factors, legal precedents, and references from Islamic teachings. This article delves into the legal framework, court decisions, and guiding principles for determining maintenance in Pakistan.
Legal Framework Governing Maintenance in Pakistan
Relevant Statutes
- The Muslim Family Laws Ordinance, 1961
- Section 9 of this ordinance provides that a wife can claim maintenance from her husband if he fails to fulfill his obligations.
- The West Pakistan Family Courts Act, 1964
- Family Courts are empowered to adjudicate maintenance cases under this Act.
- The Guardians and Wards Act, 1890
- Pertains to child custody and maintenance claims.
- The Code of Civil Procedure, 1908
- Procedures for filing maintenance suits are outlined here.
- The Prevention of Anti-Women Practices (Criminal Law Amendment) Act, 2011
- Criminalizes the deprivation of women’s rights, including maintenance.
Key Factors for Determining Maintenance
- Financial Status of the Husband
- The court examines the husband’s income, assets, and overall financial capacity.
- Needs of the Wife and Children
- Maintenance includes food, clothing, shelter, education, and medical expenses.
- Lifestyle During Marriage
- Courts aim to maintain a standard of living consistent with what was provided during the marriage.
- Number of Dependents
- The number of children and other dependents significantly impacts the amount.
- Local Cost of Living
- Regional differences in living costs are also taken into account.
- Islamic Guidelines
- Quranic principles emphasize the husband’s obligation to provide maintenance to his wife and children.
Quranic Reference on Maintenance
The Holy Quran provides clear guidance on the responsibility of the husband to provide for his family.
Surah Al-Baqarah (2:233):
“…The father of the child shall bear the cost of the mother’s food and clothing on a reasonable basis…”
Surah At-Talaq (65:7):
“Let the man of means spend according to his means, and the man whose resources are restricted let him spend according to what Allah has given him…”
These verses emphasize that maintenance should be fair, reasonable, and within the husband’s financial capacity.
Judicial Precedents on Maintenance
Supreme Court of Pakistan
Case: Mst. Khurshid Bibi vs. Baboo Muhammad Amin (PLD 1967 SC 97)
- The Supreme Court held that maintenance is a fundamental right of the wife, irrespective of whether she is living with the husband or not, provided she has a valid reason for separation.
Lahore High Court
Case: Muhammad Akram vs. Mst. Zubaida Bibi (PLD 1963 Lah 620)
- The Lahore High Court emphasized that maintenance must ensure the wife and children’s dignity and comfort, reflecting the husband’s financial status.
Case: Mst. Maryam Bibi vs. Muhammad Ashfaq (PLD 2019 Lah 345)
- Highlighted that maintenance for children includes educational expenses as an essential component.
Determining Child Maintenance
Legal Basis
Under Section 17-A of the West Pakistan Family Courts Act, 1964, the court has the discretion to determine child maintenance based on the following:
- Educational Needs
- Tuition fees, books, and other school-related expenses.
- Medical Expenses
- Costs related to healthcare and medical emergencies.
- Basic Necessities
- Food, clothing, and housing.
- Recreational Needs
- Reasonable recreational expenses are also considered.
Relevant Case Law
Case: Mst. Anjum Ara vs. Muhammad Akhtar (PLD 2000 SC 1269)
- The court reiterated that child maintenance includes all essential living expenses and should reflect the father’s financial capacity.
Filing a Maintenance Suit in Pakistan
Procedure
- Jurisdiction
- File the case in the Family Court of the area where the wife resides.
- Required Documents
- Nikahnama, identity documents, proof of husband’s income, and other supporting evidence.
- Court Proceedings
- The court will issue notices to the husband, conduct hearings, and decide the amount based on evidence.
- Enforcement of Judgment
- The court can attach the husband’s property or salary if he fails to comply.
Relevant Websites for Further Reading
FAQs
- What is the legal basis for maintenance claims in Pakistan?
- Maintenance claims are governed by the Muslim Family Laws Ordinance, 1961, and the West Pakistan Family Courts Act, 1964.
- Can a working wife claim maintenance?
- Yes, a wife’s employment does not absolve the husband of his responsibility to provide maintenance.
- What happens if the husband refuses to pay maintenance?
- The court can enforce the order by attaching the husband’s property or salary.
- How is child maintenance determined?
- Child maintenance is based on educational, medical, and basic living expenses, considering the father’s financial status.
- Can maintenance orders be revised?
- Yes, either party can request a revision if there is a significant change in financial circumstances.
For legal assistance on maintenance cases, contact:
Azam Ch Advocate
Sattaria Law Associates
220, 221, 222 District Courts, Okara
Google Map Location
Mobile & WhatsApp: +923006954414
Website: www.azamchadv.com
