Wife Maintenance Law in Pakistan

According to the wife maintenance law in Pakistan, a wife is entitled to maintenance from her husband during the subsistence of the marriage.

Generally, after divorce, the wife ceases to be the wife of the husband. Therefore, the legal position regarding maintenance after divorce in Pakistan is governed by the applicable law and the facts of each case.

• The amount of monthly wife maintenance depends upon the financial condition of the husband and the circumstances of the case. The Family Court determines the amount of maintenance according to the evidence presented before it.

The husband is also legally responsible for the maintenance of a second wife according to the applicable law.

Many women ask the following questions:

• Can a wife get maintenance after divorce?
• Does a wife actually receive maintenance?
• Can a wife file a maintenance case?
• Can a working wife claim maintenance?

A wife who is legally entitled to maintenance may file a maintenance case before the Family Court.

The court decides every case according to the applicable law and the facts and circumstances of the case.

Under Muslim law, the husband is responsible for maintaining his wife according to the applicable legal principles.

Wife Maintenance After Divorce

Generally, after divorce, the wife is no longer considered the wife of the former husband.

Therefore, the legal position regarding maintenance after divorce depends upon the applicable law and the circumstances of each case.

Note: Similarly, after Khula in Pakistan, the legal rights of the parties are determined according to the applicable law.

If you require legal advice regarding wife maintenance after divorce or Khula, please contact Advocate Jamila.

Wife Maintenance Per Month

The Family Court determines the amount of monthly wife maintenance according to several factors, including:

• The financial condition of the husband.
• The reasonable needs of the wife.
• The facts and circumstances of the case.

Maintenance of Wife Under Islamic Law

• Under Islamic law, the husband has the responsibility to maintain his wife.

Similarly, Pakistani law also recognizes the husband’s legal obligation to provide maintenance according to the applicable legal provisions.

Second Wife Maintenance

• The husband’s responsibility to maintain his wife is not limited to the first wife.

If the husband has more than one legally recognized wife, he remains responsible for providing maintenance according to the applicable law.

A wife may also file a maintenance case together with a child maintenance or child custody in Pakistan, where appropriate.

CAN WIFE GET MAINTENANCE AFTER DIVORCE?

No! A wife cannot get maintenance after divorce, except during the period of iddat.

DOES A WIFE GET MAINTENANCE?

Yes! The wife gets maintenance in Pakistan from the husband.

If the husband fails to maintain the wife, she can file a maintenance case in court.

CAN A WIFE FILE A MAINTENANCE CASE?

Yes! The wife can file a maintenance case in court if her husband is not maintaining her.

She can file a maintenance case only before she gets the divorce certificate in Pakistan.

CAN AN EARNING WIFE GET MAINTENANCE?

Yes! Maintenance for an earning wife is also obligatory for the husband.

A husband cannot take the plea that his wife earns, so he does not have to maintain her.

It is her right, whether she earns or not.

WHAT IF A WIFE ASKING FOR MAINTENANCE DOESN’T GET IT?

If a wife asking for maintenance does not get it from the husband, she can file a suit for the maintenance of the wife through a lawyer in the Family Court.

CAN A WIFE GET MAINTENANCE WITHOUT DIVORCE?

Yes! The wife can get maintenance without divorce.

The maintenance is received until she is married.

After divorce, there is no maintenance.

She has to submit the NADRA marriage certificate in court as evidence of being still married.

CAN A WORKING WIFE GET MAINTENANCE?

Yes! The working wife gets maintenance.

It does not make any difference whether she is working or not.

IS THE MAINTENANCE OF A WIFE UNDER MUSLIM LAW OBLIGATORY ON THE HUSBAND?

Yes! Maintenance of the wife under Muslim law is obligatory on the husband.

WHERE TO FILE A MAINTENANCE OF WIFE APPLICATION?

A maintenance of wife application is required to be filed in the Family Court through a lawyer.

IS THERE ANY MAINTENANCE FOR A MUSLIM DIVORCED WIFE?

No! There is no maintenance for a Muslim divorced wife, as after divorce, she is no longer the wife of that husband.

IS THERE ANY LAW FOR THE MAINTENANCE OF AN EX-WIFE?

No! There is no law for the maintenance of an ex-wife in Pakistan.

For details, please contact our lawyer in Lahore, Pakistan.