Maintenance is the claim that decides whether a woman can afford to pursue everything else. Without it she is negotiating from a position of having no money, which is frequently the point.

It is also the claim most often misunderstood — treated as something that follows a divorce, when in fact it can be claimed during a subsisting marriage and runs on a separate track from dissolution.

Who is entitled

A wife, during the marriage, where the husband fails to maintain her — she does not have to be divorced, or even separated, to claim.

A wife during iddat, following dissolution.

Children, from the father. This obligation continues irrespective of who has custody and irrespective of how the marriage ended. It is not conditional on contact, and it is not extinguished by the mother remarrying.

Broadly, maintenance for a son continues until he attains majority, and for a daughter until her marriage, subject to the circumstances — and a child who cannot maintain themselves by reason of disability may be entitled beyond that.

Parents, from children who have the means. See maintenance of parents.

Interim maintenance comes first

This is the most useful thing to know, and many claimants do not.

The Family Court can order interim maintenance early in the proceedings, before the case is decided — so that the wife and children are supported while the litigation runs.

More significantly, the framework provides consequences where interim maintenance is not paid: a defendant who fails to comply can find his defence struck off, meaning the case proceeds against him without his side being heard.

That is a powerful lever, and it is why an application for interim maintenance should be made at the outset rather than saved for later.

How the amount is fixed

There is no formula. The court weighs:

  • The husband's means — income, business, property, and standard of living
  • The needs of the wife and children — accommodation, food, clothing, schooling, medical
  • The standard of living during the marriage
  • The number of dependants and any other obligations

Evidence matters more than assertion on both sides.

For the claimant: salary slips, bank statements, property records, business records, tax filings, evidence of lifestyle — vehicles, travel, school fees paid elsewhere. Where a husband is self-employed and claims minimal income, the practical answer is to evidence what he spends rather than argue about what he earns.

For the respondent: genuine evidence of income and of other obligations. A husband who understates his means and is disbelieved is worse off than one who is candid.

Orders are commonly made with an annual increase built in, and can be varied if circumstances genuinely change.

Past maintenance

A claim can extend to maintenance for a past period during which it was not paid, subject to the circumstances and the applicable limitation.

Keep a record of what was and was not provided, and from when. Families who document the point at which support stopped are in a considerably better position than those relying on recollection.

Enforcement

An order that is not paid is enforced by the Family Court, and the mechanisms include recovery as arrears of land revenue and coercive measures against a defaulter.

Practically, what helps is identifying attachable income or assets: an employer who can be directed to deduct, a bank account, a property, a business. Bring that information rather than expecting the court to find it.

Where a husband is abroad, enforcement is harder and depends substantially on the country he is in — an honest adviser will tell you that before you spend on pursuing it. See family matters from abroad.

Bring it with your other claims

Maintenance is usually claimed alongside dissolution or khula, dower, dowry recovery and custody, and there are practical advantages to doing so — the evidence overlaps, and one proceeding is faster and cheaper than four.

See khula in Pakistan, recovering dowry articles and child custody in Pakistan.

What does not defeat a claim

Several things are asserted routinely and are not answers in themselves:

"She left the house." Where she left for good reason, that does not extinguish maintenance.

"She is earning." A wife's own income is a factor the court may consider, but it does not automatically end the husband's obligation, and it never ends the obligation to maintain the children.

"She sought khula." Khula ordinarily requires return of dower — it does not extinguish maintenance for children, iddat maintenance, or dowry recovery. Women are frequently told otherwise by people with an interest in discouraging them.

"I have remarried." A second marriage does not reduce the obligation to the first family — though the court will consider genuine additional obligations in fixing quantum. See second marriage and the Arbitration Council.

Practical advice

Apply for interim maintenance immediately, not after months of negotiation.

Gather evidence of the husband's means before filing, while you still have access to documents in the home.

Keep a dated record of every payment made or missed.

Do not sign anything relinquishing maintenance during a family negotiation, particularly for children — a mother generally cannot bargain away a child's own entitlement.

How the firm can help

We act in maintenance claims before the Family Courts in Karachi — for wives and children seeking support, and for respondents where a claim is exaggerated or the means asserted are not real.

We apply for interim maintenance at the outset, pursue past maintenance where it is available, and enforce orders that are not complied with.

These matters are handled discreetly, and where a workable arrangement can be negotiated we will pursue it. Contact the firm, or telephone the chambers.