How to File a Maintenance (Nafaqa) Case in Family Court (Pakistan)
By Lawyers of Pakistan – Legal Help You Can Trust
Maintenance (Nafaqa) is a legal right in Pakistan, ensuring financial support for wives, children, and in some cases, parents. If a husband or father neglects this obligation, the affected party can seek relief through the Family Court.
This guide explains the law, procedure, documents, and practical steps to file a maintenance case in Pakistan.
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What Is Maintenance (Nafaqa)?
Under Pakistani family law, Nafaqa refers to financial support for:
•Food
•Clothing
•Residence
•Medical expenses
•Education (for children)
A husband is legally bound to maintain his wife and children according to his financial capacity and social status.
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Relevant Laws in Pakistan
Maintenance cases are governed by:
•West Pakistan Family Courts Act, 1964
•Muslim Family Laws Ordinance, 1961
•Principles of Islamic law (Shariah) recognized by courts
Family Courts have exclusive jurisdiction to hear maintenance cases.
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Who Can File a Maintenance Case?
You can file for maintenance if you are:
•A wife (even if living separately with valid reason)
•A mother on behalf of minor children
•A divorced wife (for iddat period only)
•Children (through guardian)
A husband cannot refuse maintenance without lawful justification.
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Step-by-Step: How to File a Maintenance Case
Step 1: Consult a Family Lawyer
A lawyer will:
•Assess your entitlement
•Calculate reasonable maintenance amount
•Draft a strong plaint
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Step 2: Draft and File the Suit
The case is filed in the Family Court having jurisdiction where:
•The wife resides, OR
•The defendant resides
The plaint includes:
•Marriage details
•Children details
•Husband’s income (approximate if exact unknown)
•Neglect/refusal to maintain
•Amount claimed as maintenance
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Step 3: Submit Required Documents
Common documents include:
•CNIC copy
•Nikahnama
•B-Forms of children
•Proof of expenses (school fees, bills, etc.)
•Any evidence of husband’s income (if available)
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Step 4: Court Issues Notice
The court sends notice to the husband (defendant) to appear and respond.
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Step 5: Written Statement & Evidence
•Husband files defense (often disputes income or liability)
•Both parties submit evidence
•Court may record statements
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Step 6: Interim Maintenance (Important)
The court may grant interim (temporary) maintenance during the case so the wife/children are not left without support.
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Step 7: Final Decision
The court decides:
•Monthly maintenance amount
•Date from which it applies (often from date of filing)
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How Much Maintenance Can Be Claimed?
There is no fixed amount. Courts consider:
•Husband’s income and lifestyle
•Number of children
•Cost of living (especially in cities like Karachi)
•Educational and medical needs
Courts aim for a reasonable and fair standard of living, not mere survival.
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What If Husband Refuses to Pay?
If the husband disobeys court orders:
•Court can attach salary or property
•Issue warrants of arrest
•Initiate recovery proceedings
Non-payment is taken seriously by Family Courts.
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How Long Does a Maintenance Case Take?
Family cases are designed to be faster:
•Interim maintenance: 1–3 months
•Final decision: 6–12 months (approx.)
Delays may occur depending on evidence and court workload.
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Key Legal Points to Remember
•A working wife may still be entitled depending on circumstances
•Maintenance is a continuous obligation
•Children’s maintenance is mandatory regardless of disputes between spouses
•Even if divorce proceedings are ongoing, maintenance rights remain
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When Should You Take Legal Action?
You should file a case if:
•Husband has stopped providing expenses
•Children’s education or needs are suffering
•You are forced to depend on others
•Husband is financially capable but neglecting duty
Early filing helps secure timely relief.
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Need Legal Help for Maintenance Case?
Email us at ask@lawyersofpakistan.com, or WhatsApp at +923362418786 our experienced family lawyers assist in:
•Filing maintenance (nafaqa) suits
•Securing interim maintenance quickly
•Enforcing court orders
•Handling contested family disputes
If your legal right to financial support is being denied, you can enforce it through the court of law.