Spousal and Child Maintenance (Nafaqeh) in Iran

In a permanent marriage the husband must maintain his wife (Civil Code Art. 1106), covering housing, clothing, food, furniture and medical costs appropriate to her standing (Art. 1107). The father also supports the children. Past maintenance owed to the wife is a preferred debt and can be claimed (Art. 1206); past maintenance for children generally cannot.

The wife may claim past and future maintenance before the family court, which usually appoints an expert to fix the monthly amount for each period. The judgment can be enforced through asset seizure and salary deductions.

Under Article 53 of the Family Protection Act (2013), a husband who can pay but refuses to support an obedient wife or other dependants faces imprisonment. The offence is compoundable: the complainant’s withdrawal ends the prosecution.

The common defence is the wife’s non-obedience (Art. 1108). Leaving the marital home is not non-obedience when it was justified by fear of physical, financial or moral harm or by the lack of suitable housing.

We choose between a civil claim, a criminal complaint or both, argue for a fair figure at the expert stage and, where possible, negotiate an enforceable monthly arrangement.