Child Maintenance in Pakistan: How to Claim Nan-Nafqa

Child maintenance in Pakistan — known as nan-nafqa or kharcha — is the father's legal duty. Whether the parents are married, divorced, or separated, and regardless of who has custody, the father must financially support his minor children. If he refuses, the mother can file a maintenance suit in the Family Court and the court will fix a monthly amount.

Quick answer: To claim child maintenance in Pakistan, the mother (or guardian) files a suit for maintenance in the Family Court, which can grant interim monthly maintenance quickly and then fix a final amount based on the father's income and the child's needs. The decree is enforceable through salary attachment, property attachment, or even arrest for non-payment.

Who Is Entitled to Maintenance?

  • Minor children — sons until majority, daughters until marriage (courts can extend in special circumstances)
  • The wife — during marriage and the iddat period after divorce
  • Parents — in some cases, elderly parents can claim from earning children

The father's obligation does not depend on custody: even if the mother has full custody, the father pays.

How the Court Fixes the Maintenance Amount

There is no fixed formula. The judge considers:

  • The father's income, property, and lifestyle
  • The child's reasonable needs — food, clothing, housing, school fees, medical expenses
  • The standard of living the family had before separation
  • Number of children

Mothers should present evidence: school fee receipts, medical bills, rent receipts, and — critically — proof of the father's real income (salary slips, business records, bank statements, or evidence of lifestyle like cars and property).

Step-by-Step: Filing a Maintenance Suit

Step 1: File the suit in Family Court

File in the Family Court where the mother/child ordinarily resides. Attach the nikahnama (or divorce decree), children's B-Forms, and evidence of the father's income.

Step 2: Claim interim maintenance

This is the most important step. Ask the court for interim (temporary) monthly maintenance at the very first hearings. Courts routinely grant this within weeks, so the children are supported while the case continues.

Step 3: Trial and final decree

Both sides present evidence. The court then fixes the final monthly amount, usually with an annual increase (commonly around 10%) to account for inflation.

What If the Father Doesn't Pay?

A maintenance decree is not a suggestion — it is enforceable:

  • Attachment of salary — the court can order the employer to deduct it
  • Attachment and sale of property
  • Arrest and detention of the defaulter until payment
  • Arrears accumulate — unpaid months pile up as a recoverable debt

Common Mistakes to Avoid

  • Not asking for interim maintenance — waiting a year for the final decree while children go unsupported.
  • Accepting a verbal promise instead of a court decree — verbal promises are unenforceable.
  • Weak income evidence — the most common reason for low awards; document the father's real earnings.
  • Filing in the wrong court — file where you live, for your convenience.
  • Stopping school fee payments documentation — keep every receipt; they prove the child's needs.