Maintenance is an important part of family law in Pakistan, ensuring that family members, especially women and children, get the financial support they need. The rules about maintenance are influenced by Islamic principles and laws like the West Pakistan Family Courts Act of 1964. This law states that a husband must provide financial support to his wife, children, and sometimes his parents, based on their needs and his ability to pay.
According to Section 5 of the West Pakistan Family Courts Act, 1964, family courts have the authority to handle maintenance cases. Section 9 of the Muslim Family Laws Ordinance, 1961, allows a wife to take legal action if her husband fails to provide for her or their children.
In Islamic law, the husband’s responsibility to support his family is a key part of marriage. Not providing this support can lead to legal consequences and is seen as failing to meet moral and religious obligations.
Eligibility
- Wife: A husband must support his wife no matter her financial situation, as long as they are married. However, if she refuses to live with him without a valid reason, this obligation may not apply (as stated in Section 9 of the Muslim Family Laws Ordinance, 1961).
- Children: A father must provide for his children until they turn 18.
- Sons should be supported until they can earn their own living, while daughters are supported until they get married. This includes basic needs like food, housing, education, and healthcare.
- Divorced wife: A divorced woman is entitled to maintenance during her iddat period, which lasts three months after divorce. After this period, the husband’s obligation ends unless their marriage contract states otherwise.
- Minor or orphaned grandchildren: If the father is not present, a grandfather may be responsible for supporting his minor grandchildren, especially if the mother cannot.
- Other relatives: Sometimes, other close relatives may have to support individuals in need, especially if there is no direct guardian available.
What does maintenance include:
- Necessities: This includes food, clothing, and shelter. Adequate food means providing enough nourishment.
- Medical care: The obligation includes covering reasonable medical expenses, especially when someone needs treatment.
- Education: A father must ensure his minor children receive a proper education, including paying for school fees, books, uniforms, and other related expenses.
- Marriage expenses for daughters: Some interpretations of Islamic law suggest that fathers should help cover costs for their unmarried daughters’ marriages, although this isn’t always enforced by law.
- Maintenance during iddat: A divorced woman is entitled to support during her iddat period, covering her living expenses until this period ends.
- Lifestyle considerations: Maintenance should reflect the social status and lifestyle of the person receiving support, considering their previous standard of living as much as the provider’s finances allow.
How is maintenance determined?
Under section 17 A(4) Family courts Act, 1964 Family Court may summon relevant documentary evidence from any organization, body or authority to determine the estate and resources of the defendant.
- Husband’s duty to wife: A husband must support his wife for as long as they are married unless she unjustly refuses to live with him.
- Father’s duty to children: A father is responsible for his children until they reach adulthood, with sons expected to support themselves later and daughters until they marry.
- Principle of capacity: The amount of maintenance should be based on what the person can afford, taking into account their financial ability and theneeds of those they support.
- Reciprocal duty for parents: Sons may have a duty to support their parents if they cannot care for themselves financially.
Where to seek help for maintenance issues?
Family Courts, created under the West Pakistan Family Courts Act, 1964, are the designated places to resolve maintenance disputes. The law specifies that these courts handle all maintenance-related cases.
Inshort, the legal framework for maintenance in Pakistan, based on Islamic principles and laws like the West Pakistan Family Courts Act and the Muslim Family Laws Ordinance, ensures that family members receive necessary support.
Family Courts play a key role in resolving disputes and enforcing obligations to spouses, children, and sometimes parents. This system seeks to balance the rights of dependents with the financial realities of those who provide support. Failing to meet maintenance obligations can lead to legal consequences, highlighting the importance of fulfilling these responsibilities within Pakistan’s legal system.
