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  • Family Court.

    Maintenance, or nafqah, is a well-established legal and moral obligation under Islamic and Pakistani family law. It refers to the husband's duty to financially support his wife during the subsistence of marriage and, in certain cases, even after separation or divorce. The law in Pakistan recognizes this responsibility under the Muslim Family Laws Ordinance, 1961, and the Family Courts Act, 1964, combining Islamic principles with statutory protection to safeguard the rights of women. https://lex.com.pk/family-law/wife-m...w-in-pakistan/

    According to Islamic law, once a marriage is validly contracted, the husband is obliged to provide for his wife, regardless of her financial status or personal income. Maintenance includes basic necessities such as food, clothing, residence, medical care, and other essentials that reflect the husband’s financial capacity and the social standard of the couple. This obligation remains enforceable so long as the wife fulfills her marital responsibilities, including cohabitation and loyalty. However, if she is wrongfully turned out of the matrimonial home or separated without cause, she retains the right to claim maintenance.

    Under Pakistani law, a wife can file a suit for maintenance in the Family Court. The petition must outline the failure of the husband to provide financial support, and she may also seek arrears of maintenance for the period during which support was denied. The court assesses the husband's earning capacity, lifestyle, and responsibilities before determining a fair monthly amount. In most cases, the order is backdated to the time when the default occurred. If the husband fails to comply, legal enforcement measures such as salary deductions, attachment of property, or even arrest warrants can be issued.

    In situations of separation without divorce, a wife is still entitled to maintenance unless she is proven disobedient without lawful justification. Upon divorce, the husband's duty to maintain his former wife typically extends through the iddat period—a post-divorce waiting period that lasts approximately three months. Beyond iddat, maintenance is generally not obligatory unless agreed upon in the divorce settlement, or where specific circumstances apply (such as pregnancy or dependency due to disability).

    It's important to note that maintenance rights may also be fixed within the Nikah Nama, where the wife can include conditions for financial support, living arrangements, or other entitlements. These clauses are legally binding if not in conflict with law or public policy. Additionally, dowry articles or property gifted to the wife during marriage are her exclusive property and can be recovered separately through the courts if withheld by the husband or his family.

    Family courts prioritize timely resolution of maintenance claims, given their direct impact on a woman's dignity, well-being, and financial survival. Lawyers play a crucial role in presenting the case, estimating a reasonable maintenance claim, gathering financial evidence, and ensuring that the decree is enforceable.
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