Maintenance litigation in Pakistan is structurally designed to protect vulnerable spouses and children from financial abandonment. Under the Muslim Family Laws Ordinance 1961, a husband bears the absolute, non-negotiable legal duty to provide adequate maintenance (Nafqa)—encompassing food, clothing, housing, and medical expenses. MR Law Associates prosecutes relentless financial recovery suits in the Karachi Family Courts to secure immediate monthly stipends and claw back years of unpaid arrears.
When marital harmony breaks down, malicious husbands frequently weaponize their finances, cutting off funding to force wives into accepting harsh divorce or custody terms. Pakistani law directly counters this financial abuse. Whether you are currently cohabiting with a hostile spouse, living separately due to his cruelty, or enforcing child support post-divorce, the courts possess overwhelming authority to garnish his wages, seize his assets, and even order his civil imprisonment if he attempts to evade payment.
Wife Maintenance vs. Child Maintenance
It is vital to legally distinguish between the two primary forms of maintenance (Kharcha), as they operate under different statutes and timelines.
Wife Maintenance (Nafqa-e-Zouja)
A wife is entitled to maintenance as long as the marriage subsists and she fulfills her marital obligations (or is living separately due to the husband's documented cruelty). If divorced, Pakistani law strictly limits her post-marital "alimony" to the duration of her 90-day Iddat period. After Iddat, the husband's financial obligation to his ex-wife terminates completely.
Child Maintenance (Nafqa-e-Aulad)
Child support is entirely independent of the parents' marital status. A father must provide maintenance for his minor children even if he has divorced the mother and she holds physical custody. This obligation extends until a male child reaches puberty (practically 18 years) and a female child is legally married.
How is the Maintenance Amount Calculated?
Unlike Western jurisdictions that rely on rigid percentage calculators, Pakistani Family Courts use judicial discretion based on the "visible status and means" of the father. Husbands routinely attempt to hide their income by submitting fake salary slips or transferring assets to relatives.
Our litigation strategy aggressively pierces this financial veil. We compel the production of authentic bank statements, FBR tax returns, property ownership records, and vehicle registrations. If a husband claims he only earns minimum wage but drives a luxury vehicle and travels internationally, we use Supreme Court precedents to bind the judge to calculate maintenance based on his demonstrable lifestyle rather than his fabricated tax declarations.
The Chronology of a Maintenance Suit
Securing financial decrees requires navigating a structured, multi-tier litigation process inside the Family Courts.
| Procedural Phase | Action Performed | Strategic Importance |
|---|---|---|
| 1. Filing the Plaint | Drafting the lawsuit claiming future monthly maintenance and past arrears. | Locks in the date from which the mandatory 10% annual increment begins. |
| 2. Interim Maintenance Decree | The judge orders a temporary monthly payment before the final trial concludes. | Prevents the wife and children from starving while the husband attempts to drag out the case. |
| 3. Evidentiary Phase | Submitting expense receipts (school fees, medical bills) and proving paternal income. | Destroys the husband's fake poverty defenses through cross-examination. |
| 4. Final Judgment | Court fixes the final permanent monthly amount and tallies total past arrears. | Creates the binding legal instrument required for coercive recovery. |
| 5. Execution Proceedings | Filing coercive petitions if the husband refuses to remit the decreed amount. | Triggers asset seizure and potential civil imprisonment to force compliance. |
Executing the Decree: Forcing Defiant Defendants to Pay
Securing a piece of paper declaring you are owed 10 Lakhs in arrears means nothing if the defendant refuses to pay. This is where aggressive Execution falls under our jurisdiction.
If a father defaults on his child support orders, MR Law Associates utilizes the coercive powers of the Family Court. We execute attachments against his active salary (forcing his corporate employer to route the money directly to the court), freeze his bank accounts (Section 82-A CPC), and place liens against immovable properties. If he still attempts to evade, we issue Arrest Warrants, resulting in up to one year of civil imprisonment in Central Jail Karachi until the arrears are cleared.
Frequently Asked Questions About Maintenance
Can I claim past unpaid maintenance?
Yes. You can legally file a suit demanding past unpaid arrears spanning up to six years prior to the date of filing. This frequently results in massive lump-sum decrees favoring the abandoned wife.
Does a Khula affect my child's maintenance?
Absolutely not. While seeking Khula requires you to forego your Haq Mehr (dower), it does not waive your children’s fundamental right to paternal maintenance. The father remains liable for their expenses.
What if I am earning a good salary myself?
Under Pakistani law, the husband’s duty to maintain his wife is unconditional. Your personal income status, even if you earn vastly more than him, does not dissolve his legal obligation to provide Nafqa.
What happens to maintenance if I remarry after divorce?
Your right to personal maintenance already terminated after your Iddat period. However, if you remarry, you risk losing physical custody (Hizanat) of the minor children, which would shift the maintenance matrix if custody reverts to the father.
Does the court factor in inflation?
Yes. Standard Family Court decrees in Karachi automatically bake in a 10% annual enhancement. If the father is ordered to pay Rs. 30,000 this year, it automatically scales to Rs. 33,000 next year without requiring a new lawsuit.
How do we prove his income if he works abroad?
For overseas fathers (GCC, UK, USA), we utilize international bank transfer histories, embassy-verified wage slips, and assess foreign exchange rates to force the Karachi courts to decree maintenance matching his overseas purchasing power.
Enforce Your Financial Rights Today
Stop begging for what the law guarantees you. Direct MR Law Associates to file aggressive maintenance and execution petitions, securing your children's future and retrieving your denied arrears.
Disclaimer: The Muslim Family Laws Ordinance 1961 heavily governs maintenance jurisprudence. Decreed amounts are highly subjective, resting entirely upon the presiding judge's interpretation of submitted income evidence and the minor's educational strata. Execution of warrants against defaulting overseas defendants is complex and heavily delayed. MR Law Associates operates exclusively in Karachi, Pakistan.