Maintenance after Khulla, for you and the children
Khulla ends the marriage, but it does not wipe out every money claim. A wife can still claim unpaid maintenance for the marriage, if she proves it, and the Supreme Court has held that Khulla does not affect the husband's duty to maintain her during iddat. The children's maintenance is a separate right that belongs to them: it continues after Khulla and cannot be traded away to get it. These claims can be filed in the same Family Court case as the Khulla.
Legally reviewed by Fahmida Naz Sheikh, Advocate High CourtLast reviewed
- Unpaid past maintenance
- Can be claimed, if proved
- Iddat maintenance
- Not affected by Khulla (Supreme Court)
- Children's maintenance
- Continues; the mother cannot waive it
- Where
- The same Family Court case as the Khulla
What Khulla ends, and what it does not
In Khulla, the wife usually gives up her dower, or returns dower she received, as the price of her release; see Haq Mehr in Khulla. That is the trade. It does not, by itself, cancel:
- maintenance the husband failed to pay while the marriage lasted;
- maintenance for the iddat period after the marriage ends;
- the children’s maintenance;
- her dowry, which is always hers: see recovering dowry articles.
Maintenance for the marriage itself
A wife’s right to maintenance starts with the Nikah. In Ambreen Akram v. Asad Ullah Khan (September 2025) the Supreme Court held it does not depend on rukhsati or consummation, especially where the husband never provided a home.
If the husband did not maintain her, she can claim the unpaid months as past maintenance, together with the Khulla. She must prove she was not maintained: courts have refused past maintenance where it was not proved. While the case runs, she can ask for interim maintenance (Family Courts Act, s.17-A). Ask us about the time limit for older months.
Maintenance during iddat
The Supreme Court has said that Khulla releases the dower but does not affect the husband’s liability to maintain his wife during iddat, and the Sindh High Court has upheld decrees for maintenance until the end of iddat.
Iddat is generally three months, or until delivery if she is pregnant. Ask us when it starts in your case, since the Khulla takes effect only after the Union Council process: see after the Khulla decree. Read any settlement carefully: if it says she gives up “all claims”, that may include iddat maintenance.
The children's maintenance
Children’s maintenance is the children’s right, not the mother’s. A parent cannot give it up or reduce it as a bargaining chip, and the Family Court must assess the child’s needs itself. So a husband cannot make “no child maintenance” the price of agreeing to Khulla.
The father’s duty continues after Khulla, whoever the children live with. For how the amount is set, see how child maintenance is worked out; for who keeps the children, see hizanat ages.
Claiming it all in one case
A Khulla suit can include claims for unpaid dower, dowry articles, past and iddat maintenance, and the children’s maintenance. Filing them together saves time and keeps the evidence in one place. List each claim separately in the plaint, with its own amount and proof.
Bring to your first meeting
Bring what you have; we will tell you what else is needed.
Relevant Pakistani judgments
Grandfather’s maintenance: present capacity is separate from past liability
Allah Rakha alias Irshad v. Province of Sindh and another
Issue: Where a child's father has died, can the paternal grandfather be ordered to pay the child's monthly and past maintenance, and what…
Held: The grandfather remained liable for monthly maintenance of Rs. 7,000: he admitted income from a bakery and brought no evidence of incapacity. But the courts below had missed the mother's earlier bond undertaking to bear the child's expenses, which was…
Art. 199, Constitution of Pakistan 1973s.14, Family Courts Act 1964s.491, Code of Criminal Procedure 1898
A section 12(2) application cannot simply reopen a contested family decree
Muhammad Afzal v. Maria Tariq and others
Issue: Can a party who fully contested a family suit reopen the decree under section 12(2) CPC, and is a claim that former…
Held: No on both points. The petitioner had contested the suit in full and his section 12(2) CPC application identified no fraud, misrepresentation or concealment of the kind the provision requires; a bare assertion that former counsel did not disclose the…
r.22, Family Courts Rules 1965s.12(2), Code of Civil Procedure 1908s.14, Family Courts Act 1964s.5, Limitation Act 1908
Article 199 cannot be used as a second maintenance appeal
Jawad Ahmed v. Mst. Salma and others
Issue: Can a husband use the High Court's constitutional jurisdiction to reopen past and iddat maintenance already decided by the Family Court and…
Held: No. Article 199 is supervisory, not a second appeal; it is confined to patent illegality, jurisdictional defect, perversity or material misreading or non-reading of evidence causing a miscarriage of justice. As the husband only sought a fresh assessment of the…
Art. 199, Constitution of Pakistan 1973s.14, Family Courts Act 1964
Common questions
Do I lose my maintenance by asking for Khulla?
Not for the past or the iddat period: Khulla is generally paid for with the dower, not with maintenance.
My husband says he will agree to Khulla only if I drop the children's maintenance. Can he?
No. The children's maintenance is their own right; a parent cannot give it away, and the court decides it on the child's needs.
The rukhsati never happened. Am I still owed maintenance?
Yes. The Supreme Court held in 2025 that the right comes from the Nikah, not from rukhsati.
How long is iddat?
Generally three months, or until delivery if the wife is pregnant. When it starts after a Khulla decree should be checked for your case.
Legal basis
- Supreme Court of Pakistan, C.P. No. 4657 of 2022Khulla releases dower, not iddat maintenance
- Dawn: landmark SC ruling de-links wife's rights from consummation (Sept 2025)Ambreen Akram v. Asad Ullah Khan
- Sindh High Court order sheetMaintenance till the end of iddat upheld
- Peshawar High Court, W.P. 326-A of 2023Past maintenance must be proved
- Family Courts Act, 1964: s.17-AInterim maintenance
- Wife and child maintenance claims (our guide)
Filing for Khulla and worried about money?
Tell us what has and has not been paid, and how many children you have. We will list every claim you can include.
Office hours: Mon–Sat, 9:00 AM – 10:00 PM
