What is this document and when is it used?

Family litigation — suits for maintenance, dissolution of marriage, dower, or custody — can take months or even years to conclude. A wife and minor children cannot be expected to wait for the final decree before they eat, pay rent, or go to school. Section 17-A of the Family Courts Act, 1964 exists precisely for this reason: it obliges the Family Court to fix interim monthly maintenance for the wife (and children, where claimed) at a very early stage of the case, so that the family is supported while the suit is being tried.

Section 17-A was inserted by the Family Courts (Amendment) Ordinance, 2002, and it is one of the strongest provisions in Pakistani family law. Its key features:

  • Mandatory fixation on the first appearance: In a suit for maintenance, the Family Court shall fix interim monthly maintenance for the wife — and in a suit for maintenance for the wife and children, for the wife and children — on the date of the first appearance of the defendant, on the basis of the affidavit filed by the defendant regarding his income and means.

  • Payment deadline: The defendant is bound to pay the interim maintenance by the 14th of each month.

  • Teeth — striking off the defence: If the defendant fails to pay the interim maintenance as fixed, the Court, after giving him an opportunity of being heard, shall strike off his defence — meaning his written statement is discarded and the suit proceeds as if he has not contested it. Courts have repeatedly held that the defaulting defendant loses the right to cross-examine and lead evidence.

This application is filed in the Family Court where your family suit is already pending — it cannot be filed as a standalone case. It is typically filed by the wife in a suit for maintenance (for herself and/or her minor children), and it may also be filed by a wife in a suit for dissolution of marriage where maintenance has been claimed as an ancillary relief. There is no separate limitation period for this application; it is an interim application in a pending suit. But timing matters: the statute expects interim maintenance to be fixed on the defendant's first appearance, so file this application together with the plaint or immediately after the defendant appears — an early application protects you from months of unpaid support.

The application asks the Court to (a) direct the defendant to file his affidavit of income and means, (b) fix a suitable interim monthly amount for the wife and each child, and (c) order payment by the 14th of every month, with the consequence of striking off the defence in case of default.

THE APPLICATION

IN THE FAMILY COURT, [CITY NAME]

Civil Misc. Application No. ____ of 20____

In re: —

[WIFE'S FULL NAME], daughter/wife of [FATHER'S/HUSBAND'S FULL NAME], resident of [COMPLETE ADDRESS], CNIC No. [__________] .............................. APPLICANT / PLAINTIFF

VERSUS

[HUSBAND'S FULL NAME], son of [FATHER'S FULL NAME], resident of [COMPLETE ADDRESS], CNIC No. [__________] .............................. RESPONDENT / DEFENDANT

IN THE MATTER OF:

Family Suit No. [SUIT NUMBER] of [YEAR] titled "[WIFE'S FULL NAME] versus [HUSBAND'S FULL NAME]", for [STATE THE NATURE OF THE SUIT, e.g., "recovery of past and future maintenance for the plaintiff and her minor children"], pending before this Hon'ble Court

APPLICATION UNDER SECTION 17-A OF THE FAMILY COURTS ACT, 1964 FOR FIXATION OF INTERIM MAINTENANCE

Respectfully Sheweth:

  1. That the above-titled Family Suit No. [SUIT NUMBER] of [YEAR] for [STATE RELIEF, e.g., "recovery of maintenance for the applicant and her minor children, namely [CHILD 1 NAME], aged [__] years, and [CHILD 2 NAME], aged [__] years"] is pending before this Hon'ble Court, and the respondent/defendant has [appeared through counsel on [DATE] / been served and is expected to appear on [DATE]].

  1. That the applicant is the lawfully wedded wife of the respondent, their marriage having been solemnized on [DATE OF NIKAH] at [PLACE], in accordance with Islamic rites and ceremonies, as evidenced by the Nikahnama bearing Registration No. [__] dated [DATE], a copy of which is attached herewith as Annexure "A".

  1. That [NUMBER] child(ren) were born out of the said wedlock, namely: (i) [CHILD 1 FULL NAME], [son/daughter], aged [__] years, Date of Birth [DATE], B-Form No. [__________]; (ii) [CHILD 2 FULL NAME], [son/daughter], aged [__] years, Date of Birth [DATE], B-Form No. [__________]; who are in the lawful custody and care of the applicant. Copies of the [B-Forms / birth certificates] are attached as Annexure "B".

  1. That the respondent has failed and neglected to maintain the applicant and the minor children since [MONTH, YEAR], despite repeated demands. (State the facts briefly: e.g., "The respondent turned the applicant out of the matrimonial home on [DATE] and has not paid a single rupee towards the household expenses since then", or "The respondent, though residing in the same house, has stopped providing any maintenance and the applicant is dependent on her parents".)

  1. That the applicant has no independent source of income and is entirely dependent upon [her parents / the mercy of relatives] for her own sustenance and for the upbringing, education, and medical care of the minor children, whereas the respondent is a man of substantial means, as detailed below:

(Give specific particulars of the husband's income and lifestyle — courts fix the amount on this basis, so vagueness here costs money.)

a. That the respondent is employed as [DESIGNATION] with [EMPLOYER NAME, DEPARTMENT], drawing a monthly salary of approximately Rs. [AMOUNT]; (if self-employed or a businessman, state the nature of the business, its location, and the estimated monthly income); b. That the respondent owns [immovable property, e.g., "a house at [ADDRESS]", "agricultural land measuring [__] acres at [VILLAGE]"], and [a car / other assets], and maintains a lifestyle commensurate with a monthly income of not less than Rs. [AMOUNT]; c. That the respondent has deliberately concealed his true income and has not filed the affidavit of his income and means as required, and the applicant therefore requests this Hon'ble Court to direct the respondent to file the same and to assess his means on the basis of the material on record.

  1. That the applicant and the minor children require a minimum of Rs. [AMOUNT] per month for their reasonable maintenance, made up as follows:

  • Food, clothing, and household expenses: Rs. [AMOUNT]

  • House rent (if applicable): Rs. [AMOUNT]

  • School fees and educational expenses of the minor children: Rs. [AMOUNT]

  • Medical expenses: Rs. [AMOUNT]

  • Transport and other necessities: Rs. [AMOUNT] Total: Rs. [AMOUNT] per month.

(Adjust the heads to your facts. Keep the figures realistic and, where possible, supported by receipts — school fee slips, rent receipts, medical bills — attached as Annexure "C".)

  1. That Section 17-A of the Family Courts Act, 1964 mandates this Hon'ble Court to fix interim monthly maintenance for the wife (and the children) on the date of the first appearance of the defendant, and the defendant is bound to pay the same by the 14th of each month. The applicant is therefore entitled, as of right, to an order of interim maintenance during the pendency of the suit.

  1. That if interim maintenance is not fixed, the applicant and the minor children will be left without any means of sustenance during the pendency of the suit, which may take considerable time to conclude, and the very purpose of Section 17-A — to protect the wife and children from destitution during litigation — will be defeated.

  1. That this application is being filed bona fide and in the interest of justice. That no other application of the same nature has been filed by the applicant in any Court, and this Hon'ble Court has the jurisdiction to entertain and decide this application, the parties last resided together at [ADDRESS] within its territorial jurisdiction.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:

(a) fix interim monthly maintenance under Section 17-A of the Family Courts Act, 1964, at the rate of Rs. [AMOUNT] per month for the applicant, and Rs. [AMOUNT] per month for each of the minor children, namely [CHILD 1 NAME] and [CHILD 2 NAME], payable by the respondent by the 14th of each month, during the pendency of the suit;

(b) direct the respondent to file his affidavit disclosing his true income, assets, and means, to enable this Hon'ble Court to assess the maintenance fairly;

(c) order that in case of default in payment of the interim maintenance as fixed, the defence of the respondent shall be struck off in accordance with Section 17-A of the Family Courts Act, 1964, after due notice;

(d) award such other and further relief as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and

(e) award costs of this application in favour of the applicant.

Any other relief deemed just and equitable may also kindly be granted.

Applicant/Plaintiff

Through Counsel:

______________________________ [COUNSEL'S FULL NAME] Advocate High Court / District Courts [OFFICE ADDRESS] [PHONE / EMAIL] Dated: [DATE OF FILING] at [CITY]

VERIFICATION

I, [APPLICANT'S FULL NAME], daughter/wife of [FATHER'S/HUSBAND'S FULL NAME], resident of [COMPLETE ADDRESS], do hereby verify on oath that the contents of paragraphs No. 1 to 9 of the above application are true and correct to my personal knowledge and belief, and nothing material has been concealed therefrom.

Verified at [CITY] on this [DATE] day of [MONTH], 20[__].

______________________________ DEPONENT [APPLICANT'S FULL NAME]

AFFIDAVIT IN SUPPORT OF THE APPLICATION

IN THE FAMILY COURT, [CITY NAME]

Civil Misc. Application No. ____ of 20____

In re: —

[WIFE'S FULL NAME] .............................. APPLICANT / PLAINTIFF

VERSUS

[HUSBAND'S FULL NAME] .............................. RESPONDENT / DEFENDANT

AFFIDAVIT OF [DEPONENT'S FULL NAME], daughter/wife of [FATHER'S/HUSBAND'S FULL NAME], resident of [COMPLETE ADDRESS], CNIC No. [__________].

I, the above-named deponent, do hereby solemnly affirm and declare on oath as under:

  1. That I am the applicant/plaintiff in the above-titled matter and am fully conversant with the facts of the case, and am competent to swear this affidavit.

  1. That the facts stated in the accompanying application under Section 17-A of the Family Courts Act, 1964 are true and correct to my personal knowledge; the particulars of my marriage, my children, and the respondent's failure to maintain us are within my personal knowledge and are true.

  1. That the documents attached as Annexures "A" to "[C]" — namely [LIST THEM, e.g., "the Nikahnama dated [DATE], the B-Forms of the minor children, and the school fee receipts / rent receipts"] — are true copies of the originals in my possession / are genuine documents, and I undertake to produce the originals as and when directed by this Hon'ble Court.

  1. That I have no independent source of income and am dependent on my parents for the maintenance of myself and my minor children, whereas the respondent is earning and is possessed of the means described in the application.

  1. That this affidavit is sworn bona fide in support of the accompanying application for interim maintenance, and nothing material has been concealed.

DEPONENT

VERIFICATION

Verified on oath at [CITY] on this [DATE] day of [MONTH], 20[__], that the contents of this affidavit are true and correct to my knowledge and belief, and nothing has been concealed therefrom.

DEPONENT

Identified by me:

______________________________ [COUNSEL'S FULL NAME] Advocate

Solemnly affirmed before me:

______________________________ OATH COMMISSIONER [NAME, SEAL, AND DATE]

HOW TO USE THIS TEMPLATE — COMMON MISTAKES TO AVOID

1. File it early — the statute expects fixation on the first appearance. Section 17-A says the Family Court shall fix interim maintenance on the date of the defendant's first appearance. If you file the application late, you lose months of support you can never recover — interim maintenance is generally not awarded retrospectively for the period before the application. File it with the plaint or the moment the defendant appears.

2. Prove the marriage and the children with documents. Attach the Nikahnama (or the computerized marriage registration certificate), the children's B-Forms or birth certificates. If the husband denies the marriage, these documents are your foundation — without them the application stalls.

3. Be specific and realistic about the husband's income. Courts assess means on the material before them. State his job, employer, business, salary, property, and lifestyle with as much precision as you can. Attach whatever you have — salary slips if available, evidence of his property or vehicle, photographs of lifestyle. Inflated, unsupported figures backfire; modest, documented figures get decreed.

4. Break the monthly requirement into heads with receipts. A lump demand of "Rs. 100,000 per month" with no breakup invites reduction. Itemize: food, rent, school fees (attach fee slips), medical (attach bills), transport. Courts routinely go by documented expenses.

5. Use the striking-off provision — it is the real power of Section 17-A. If the husband defaults after fixation, do not just wait: move the Court to strike off his defence after notice. A defendant whose defence is struck off cannot contest the suit, cross-examine your witnesses, or lead his own evidence — this is what makes interim maintenance orders actually paid.

6. Remember the scope and the limits. Section 17-A covers interim maintenance during the pendency of the suit; the final maintenance is decided in the decree. The amount fixed is interim — the Court may enhance, reduce, or confirm it at the final hearing. And the provision applies in suits where maintenance is claimed; if your suit is only for dissolution without a maintenance claim, seek advice on adding the claim.

Frequently Asked Questions

Can interim maintenance be granted without filing a separate suit?
No. An application under Section 17-A is interim relief in a pending family suit — it cannot be filed on its own. In practice you file the family suit for maintenance (or dissolution with a maintenance claim) and this application together, so relief starts as early as the law allows.

What happens if the husband does not pay the interim maintenance?
Section 17-A provides that on failure to pay, the Court shall, after giving the defendant an opportunity of being heard, strike off his defence. His written statement is discarded and the suit proceeds uncontested. The unpaid amount can also be recovered as arrears through execution of the Court's order.

Is the husband's affidavit of income compulsory?
The statute contemplates that interim maintenance is fixed on the basis of the defendant's affidavit regarding his income and means. If he fails to file it, the Court may draw an adverse inference and fix maintenance on the basis of the material placed by the wife — his silence does not help him.

Can interim maintenance be changed later?
Yes. It is interim by nature. If the husband's income changes, or if the wife's needs change, either party may apply for enhancement or reduction. The final maintenance is determined in the decree after full trial, and the Court adjusts for the interim amounts already paid.

Does Section 17-A apply to children as well as the wife?
Yes. In a suit for maintenance, the Court fixes interim monthly maintenance for the wife; and in a suit for maintenance for the wife and children, for the wife and each child. You should name each minor child in the application and claim a separate amount for each.

Can a wife claim interim maintenance if she left the matrimonial home herself?
Generally yes, at the interim stage. Whether the wife is entitled to maintenance on the merits — for example, if the husband proves she left without lawful excuse — is decided at final trial. Interim maintenance under Section 17-A is meant to prevent destitution during litigation and is not normally refused on the husband's unproved allegations at this stage.

The Bottom Line

Section 17-A is the provision that keeps a family fed while the case is fought — interim maintenance fixed on the defendant's first appearance, payable by the 14th of every month, with the defence struck off for default. File the application early, prove the marriage and the children with documents, state the husband's means and your monthly needs with precision, and enforce the order through the striking-off provision if he defaults. It is one of the most effective tools in Pakistani family litigation — use it promptly and completely.

This template is provided for general information and educational purposes only. Family law is highly fact-specific, and outcomes depend on the evidence in each case. Always have an advocate draft or review the application for your specific matter before filing.