Maintenance of Wives and Children in Pakistani Law: An In-Depth Legal Review

Abstract

This academic review analyses the Pakistani law of maintenance (nafaqah) for wives and children, tracing its historical evolution from colonial Section 488 of the Code of Criminal Procedure, 1898, to the current framework under the Muslim Family Laws Ordinance, 1961 (MFLO) and the West Pakistan Family Courts Act, 1964. It synthesises Islamic jurisprudential principles applied by Pakistani courts with statutory text and leading precedents on scope, duration, and parties obligated. The paper reviews key judicial themes, including interim maintenance, annual indexation, discovery of means, and strike-off of defence for default. It also examines persistent gaps, such as illegitimacy, post-iddat support, and practical hurdles in execution, and proposes reforms, including clearer statutory definitions, guidelines formulated for quantum, stronger enforcement tools, and social-policy supports. The analysis aims to provide a rigorous, practice‑relevant roadmap for litigants, judges, advocates and policymakers. This research analyses the gaps between the theory and practice and the enforcement mechanism of the decree for maintenance within Pakistan and outside Pakistan.