Recovery of Maintenance Allowance in Pakistan
In Pakistan, the recovery of maintenance allowance plays a vital role in ensuring financial justice for women and children. Under Islamic law, a husband or father has both legal and moral duties to provide for his wife and children according to his means. This responsibility is not just a social duty but a command of Allah. The Holy Quran states,
“And clothing and maintenance must be borne by the father in a fair manner.” (Al-Baqarah, 233)
Legal Foundation of Maintenance
Islamic principles form the basis of maintenance laws in Pakistan. The father must support his children until they reach the age defined by law or Sharia. The same principle applies to the maintenance of the wife during subsistence of marriage and even during the period of iddat after divorce. The Family Courts Act, 1964 provides an exclusive framework for deciding maintenance cases through family courts.
The Supreme Court of Pakistan in Humayun Hassan v. Arslan Humayun (PLD 2013 SC 557) clarified that maintenance includes not only food, clothing, and lodging but also education, healthcare, and overall welfare of the child according to the father’s financial status. This interpretation ensures that maintenance reflects modern social and economic realities.
Moral and Religious Duty of the Father
In Syeda Farhat Jahan v. Syed Iqbal Hussain Rizvi (2010 YLR 3275), it was emphasized that no excuse can absolve a father of his duty to maintain his children. This duty is divinely ordained and recognized both legally and morally. Even if the father resides abroad, he remains responsible for regular maintenance.
Jurisdiction of Family Courts
According to Lt. Col. Nasir Malik v. Additional District Judge, Lahore (2016 SCMR 1821), the Family Courts hold exclusive jurisdiction to decide maintenance cases. The courts ensure speedy and fair adjudication under Section 5 of the Family Courts Act. Maintenance matters cannot be entertained by any other forum.
How Maintenance Amount is Determined
The family court decides the amount of maintenance according to the income and status of the husband or father. When the man is overseas and earning a reasonable income, the court may consider his foreign earnings, standard of living, and dependents. The law requires the court to fix a fair amount consistent with Sections 17-A(4) and 17-B of the Family Courts Act.
In several cases, courts have criticized arbitrary or nominal fixation of maintenance. When a husband earns a high income abroad, a small amount such as Rs. 5,000 per month does not fulfill the Quranic principle of fair maintenance. Courts must ensure that maintenance covers education, health, and reasonable comfort of the wife and children.
Procedure for Recovery of Maintenance Allowance
When a decree for maintenance is passed and the husband fails to pay, the wife or guardian of the minor can file an execution petition before the same family court under Section 13 of the Family Courts Act, 1964. The court may issue a notice to the husband and, if necessary, order deduction from salary, attachment of property, or even imprisonment in case of willful default.
If the husband lives abroad, recovery can be pursued through his local property or bank accounts in Pakistan. The court can also issue letters to relevant authorities or consulates if necessary. The process ensures that women and children receive actual support, not just a paper decree.
Constitutional Protection
Article 4 of the Constitution guarantees every citizen’s right to be treated in accordance with law. In family cases, women and children seeking maintenance must receive fair treatment and due process. Similarly, Article 10-A ensures the right to a fair trial and impartial justice. The Constitution also recognizes the family unit under Article 35, obligating the State to protect marriage, the mother, and the child.
These constitutional principles require that family courts follow due process while ensuring quick relief. The courts must interpret maintenance laws in light of fairness, compassion, and the welfare of dependents.
Therapeutic Jurisprudence in Family Law
Family courts are not only meant to decide disputes but also to heal relationships and protect the dignity of family members. This approach, called therapeutic jurisprudence, promotes positive outcomes and emotional stability. When courts decide maintenance cases fairly and quickly, they uphold justice and social harmony.
Articles 4, 9, and 14 of the Constitution, read with Article 35, highlight the duty of the State and judiciary to protect family life. The courts must interpret the Family Courts Act in a way that strengthens family welfare and minimizes unnecessary litigation.
Comparison with International Practices
Courts in the UK and USA also assess maintenance based on the income of the father. In the UK, the Child Maintenance Service uses tax data to calculate the exact share of income for child support. Similarly, U.S. courts require income proof and impose strict penalties for non-payment. These global standards reflect the same principles found in Islamic and Pakistani law — fairness, responsibility, and accountability.
Conclusion
The recovery of maintenance allowance in Pakistan is not just a legal right but a moral and religious duty. The father must maintain his children and wife according to his financial capacity. When the husband is earning abroad, the maintenance amount should reflect his real income and standard of living. The courts, guided by Quranic injunctions and constitutional values, must ensure that justice is delivered in both spirit and practice.
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