When is a wife entitled to maintenance, how long must a father maintain his children, and how is the amount fixed, increased and recovered? Our research paper studies 75 judgments of the Supreme Court and the Peshawar High Court (1972 to 2026). This article summarises what they decide.

When is the wife entitled to maintenance?

Her right begins at the nikah. It does not depend on what the nikahnama says (2026 SCMR 1; PLD 2022 SC 686). The husband is excused only if the wife has wholly and without justification withdrawn from the marriage, and he must prove that clearly.

Non-payment of prompt dower can justify the wife living apart, and her maintenance continues in the meantime (2012 CLC 1272; 2020 YLR 1850). After divorce, maintenance ends with the iddat (1989 SCMR 1416; 2016 SCMR 2069).

Older Peshawar decisions often put the burden on the wife to show she was not at fault. They should now be read in the light of 2026 SCMR 1.

How long must a father maintain his children?

The father's duty continues whoever has custody of the child (1972 SCMR 131; 1978 SCMR 299), and the mother cannot waive the child's right (2014 MLD 351). As a rule, sons are maintained until puberty and daughters until marriage (2004 SCMR 1598). There are exceptions:

  • a disabled son who cannot earn (PLD 2013 SC 557);
  • an unmarried adult daughter with a genuine reason for not marrying (1990 SCMR 136).

If the father says an adult daughter is financially independent, he must prove it (2026 CLC 1439).

What does maintenance cover?

It covers medical care (PLD 2025 SC 367) and education (PLD 2024 SC 581). Future wedding expenses are not maintenance unless they are immediate, certain and refused (PLD 2026 SC 122).

How is the amount fixed?

The amount reflects the father's means. He must disclose his income, and if he does not, the court may draw an adverse inference (PLD 2018 SC 819; PLD 2026 SC 170).

Interim maintenance under section 17-A

Interim maintenance should be fixed at the first hearing, on the basis of the father's status and the child's basic needs (2022 MLD 945). If it is not paid, the court may strike off the defence and pass a decree (2011 SCMR 374; 2024 SCMR 1292). An interim order is not appealable (2016 YLR 2801); a writ lies only for arbitrariness or lack of jurisdiction (2024 YLR 2841).

The annual increase, and enhancement

A 10% annual increase is standard, but it needs a factual basis (2012 SCMR 671; 2016 SCMR 2069). It is simple, not compound, unless the decree says otherwise (2026 SCMR 1582). Enhancement is sought by application to the same Family Court (PLD 2025 SC 850).

Past maintenance

A wife can claim past maintenance for six years from the husband's refusal, under Article 120 of the Limitation Act (PLD 2026 SC 308). Children's past maintenance may run from the date claimed in the plaint (2003 SCMR 764).

Can the grandfather be made to pay?

A well-off paternal grandfather may be liable where the father is dead or unable to pay (2023 YLR 2003; 2024 CLC 1772). But he cannot be bound by a decree passed against the father alone; he must be sued separately (PLD 2024 SC 67).

Enforcing the decree

Arrears may be recovered by attaching the father's salary (1988 SCMR 1332). Whether each default is a fresh denial for limitation is not settled: 2018 YLR 1501 says it is, while 2016 CLC 256 applies a different rule.

Practical checklist: for the wife and children

  • Join the minor children as plaintiffs.
  • Plead the date and manner in which maintenance was refused.
  • Press for interim maintenance at the first hearing.
  • Seek enhancement later by application, not by a fresh suit.

Practical checklist: for the father

  • File a written statement, and pay interim maintenance on time.
  • Prove your income with documents.
  • If you allege desertion, prove it clearly.

A note for the courts

Fix interim maintenance at the first hearing, say whether any increase is simple or compound, and keep custody and maintenance decisions separate.

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This article is general information on the law, not advice on your own case. Time limits can matter, so speak to an advocate promptly about your own matter.