Maintenance claims are among the most frequent matters before the Family Courts, and among the most frequently unenforced. Obtaining an order and actually receiving money are two different problems.
Who can claim
A wife is entitled to maintenance from her husband during the subsistence of the marriage, and for the period prescribed by law after dissolution. Children are entitled to maintenance from their father. The obligation towards children does not end because the parents have separated.
How the amount is assessed
There is no fixed formula. Courts weigh the means of the person liable against the reasonable needs of those entitled. Relevant material includes:
- Income, whether salaried or from business, and any assets
- The standard of living during the marriage
- The number of dependants
- Educational and medical costs for the children
- Any income of the claimant
Proving income
The most contested issue is almost always what the respondent actually earns, particularly where income is undeclared. Salary slips, bank statements, tax records, property holdings and visible lifestyle are all relevant. Gather what you can before filing rather than after.
Enforcement
An order that is not complied with can be executed. Courts have means of enforcing family decrees, and arrears can be recovered. Do not let arrears accumulate silently for years before raising it, because delay makes recovery harder.
Interim maintenance
Courts can order interim maintenance while the case proceeds, which matters because these cases take time and the need is immediate.
What to do next
Bring the nikahnama, children’s documents, whatever evidence of the respondent’s means you can obtain, and a record of what has actually been paid.