Pakistan Supreme Court rules past maintenance is fully recoverable
The Supreme Court of Pakistan has ruled that a husband’s failure to provide maintenance (nafaqah) amounts to continuous negligence
ISLAMABAD (MNTV) – The Supreme Court of Pakistan has ruled that a husband’s failure to provide maintenance (nafaqah) amounts to continuous negligence, affirming that a wife can recover all past dues as long as her claim falls within the six-year legal limit.
A three-member bench led by Justice Shahid Waheed dismissed an appeal by Muhammad Aslam Chattha and upheld an Islamabad High Court decision restoring a woman’s arrears.
The court held that maintenance is payable monthly and each missed payment constitutes a debt the husband must discharge.
Citing principles from the Quran, Sunnah and juristic consensus, the bench reaffirmed that a husband cannot evade responsibility for past defaults.
Declaring non-payment a “continuing wrong,” the court said each month of default generates a fresh cause of action.
Husbands therefore cannot argue that earlier arrears are time-barred if the overall case is lodged within six years.
The woman’s claim met the statutory requirements, the court said, and the evidence supported her entitlement. It also rejected the husband’s argument that he was liable only for the previous six years.
Reiterating that maintenance is a binding financial and religious duty, the court concluded that unpaid nafaqah is a debt the husband must settle.
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