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Maintenance judgments: Pakistani family law case summaries (2025)
Pakistani court judgments on maintenance, summarised in plain English, newest first. Each gives the issue, what the court held and what it means in practice, and is reviewed by an advocate.
Our guide: Wife and child maintenance claims
6 judgments
A wife’s withdrawal of dower and maintenance claims can be recalled if she lacked independent advice
Asif Iqbal v. Additional District Judge etc.
Issue: Can a wife who withdrew her suit for dower, dowry and maintenance in court, without her own lawyer or independent advice, have…
Held: Yes. Statements recorded in court are ordinarily treated as conclusive, but the rule is not absolute: the court must examine whether the act was truly voluntary and free from undue influence or fraud. Here she came to court with only…
Supreme Court: cruelty need not be physical, and a cruelty case cannot be turned into khula
Dr. Seema Hanif Khan v. Waqas Khan and others
Issue: Can a Family Court grant khula of its own accord to a wife who sued for dissolution on statutory grounds, and what…
Held: No court may grant khula without the wife's clear consent; filing a suit for dissolution is not a request for khula. Grounds under the 1939 Act are proved on the balance of probabilities, and cruelty, which may be mental and…
Art. 14, Constitution of Pakistan 1973Art. 199, Constitution of Pakistan 1973Art. 25, Constitution of Pakistan 1973Art. 35, Constitution of Pakistan 1973
A husband who ignored a Khula and maintenance suit cannot use section 12(2) or a writ to undo the ex parte decree
Muhammad Sohail v. Mst. Ambreen Jamal and others
Issue: Can a husband who was served by bailiff, courier, pasting and publication, was debarred from filing a written statement and did not…
Held: No. The service reports disproved his claim of non-service; under section 12(2) he had to plead and prove fraud, misrepresentation or lack of jurisdiction, and he produced no credible material. Both courts below concurrently rejected his application, revision under section…
Art. 199, Constitution of Pakistan 1973s.115, Code of Civil Procedure 1908s.12(2), Code of Civil Procedure 1908
Full dower once Nikah and consummation are proved; a house’s value is assessed at today’s market price
Benish Ghaffar v. Additional District Judge and 2 others (with connected petitions)
Issue: Where a husband denied the marriage altogether but the registered Nikah was proved, could the courts below award only half the dower…
Held: No. Once the Nikah was proved through the Nikah Khawan and the Union Council Secretary and the husband's denial failed, consummation was a private matter that needed no further proof, no issue had been framed on it, and the later…
Art. 128, Qanun-e-Shahadat Order 1984Art. 199, Constitution of Pakistan 1973
A wife who says she was orally divorced cannot later claim the marriage continues for lack of a certificate
Nusrat Sadiq v. Nadeem Asghar etc.
Issue: Where the wife herself pleaded that her husband pronounced talaq three times by telephone, and he admitted it, does her maintenance run…
Held: No. Her own plaint asserted the divorce and claimed deferred dower on that basis, and the husband admitted it in his written statement filed through his attorney; admitted facts need not be proved, and a husband may plead and depose…
Art. 199, Constitution of Pakistan 1973s.7, Muslim Family Laws Ordinance 1961
The paternal grandfather can be joined in a maintenance suit, but his liability comes second
Nizam ud Din v. Additional District Judge etc.
Issue: Can the minors' paternal grandfather be added as a defendant at the appeal stage of their maintenance suit, while the father is…
Held: Yes. The father must maintain his children first; if he cannot, the duty may pass to the mother and, if she too is poor, to the paternal grandfather in easy circumstances (paragraph 370 of Mulla's Muhammadan Law). Following Bashir Ahmad…
Art. 199, Constitution of Pakistan 1973O.I r.10, Code of Civil Procedure 1908