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Every child has the right that the father maintains them. In Pakistan, the father is responsible for maintaining the children. If the child is not maintained, then the mother or anyone else can file a case for child maintenance in Pakistan. Child maintenance after Khula in Pakistan includes the basic facility rights of the child. The basic necessities include a house, food, education, accomodation, healthcare and other necessities. The law binds the father to provide these facilities to the male child till the age of 18 and for the daughter till she gets married. The court can take strict action under the child maintenance law in Pakistan against the father if he fails to maintain the children. On this web page, we will guide you on how to claim child maintenance in Pakistan from the court.
We mention how to claim child maintenance in Pakistan After Divorce below. Follow the steps below, as they will guide you on how to claim child maintenance after divorce in Pakistan.
The child maintenance law in Pakistan is very clear that it is the responsibility of the father to maintain the children. Parents can claim child maintenance before and after the divorce also. According to the child maintenance law in Pakistan, if the father fails to maintain the children, the child, through the mother or any other person, can sue the father. The family courts deal with the cases of child support in Pakistan. The family courts in Pakistan fix the amount of child support according to the financial condition of the father.
It is not necessary to file a case of child maintenance after Overseas divorce. The divorce has nothing to do with this case. Irrespective of whether the divorce happened or not, the father is under a legal obligation to provide child support in Pakistan. You can file a case for child support in Pakistan before and after the divorce.
There is no such child maintenance calculator. It is up to the court to decide how much maintenance a father can give to the child or children. The court decides the amount of maintenance on the basis of evidence tendered in court.
The Family Court has the jurisdiction to try the cases of child maintenance in Pakistan. When someone files a maintenance case, it goes to the Family Court for the decision.
The Family Courts Act, 1964, deals with matters of child maintenance. Below are the relevant laws regarding child maintenance in Pakistan.
THE WEST PAKISTAN FAMILY COURTS ACT, 1964 PDF
The case of child maintenance takes time for the court to decide. Meanwhile, the child cannot be left without maintenance. Therefore, the court, during the pendency of the proceedings, awards interim maintenance of the child so that the child could be maintained during the final decision of the case. Once the case is decided, the court will award the final maintenance.
There are a few factors that the court takes into consideration while calculating the child maintenance amount:
PLD 2013 SC 557 — Humayun Hassan v. Arslan Humayun: In this case, the Supreme Court decided that maintenance is not limited to food, clothing, and lodging. It has a wider scope. It includes the child’s physical, mental, and social development and educational needs, depending on the financial status of the father.
PLD 2024 SC 67 — Bashir Ahmad v. Additional District Judge, Hafizabad: In this case, the Supreme Court decided that the grandfather of the children can be made responsible for the grandchild’s maintenance only when the father of the child is himself very poor and has no means of income.
When the court decides child maintenance, it also orders a 10% annual increment in the amount.
Child maintenance for a past period can be claimed for the past 7 years.
Child maintenance also includes school and college/university fees, including tuition fees, transport, and books, etc.
If the mother has child custody, it is still the responsibility of the father to maintain the children. In fact, if the children are with the father, then the mother is under no responsibility to maintain the child.
The father being jobless is no excuse under the law to maintain the children.
The applicant of the case can submit oral and documentary evidence in the court in support of the case. Any document such as the father’s salary slip, property documents, proof of assets, business proof, bank statement, and school certificate can be tendered in the court as evidence.
The father is under the liability to maintain the boy till the age of 18 years. After the age of 18, the boy is no longer a child, so the father is under no responsibility to maintain him.
Even if the father is living abroad, he will be under an obligation to maintain the child. The court can execute its orders through the Pakistani Embassy or Consulate in the country where the father is residing.
It is commonly mistaken in cases of child maintenance that people think that the child will get a certain portion of the father’s property. The court only decides the general maintenance amount required for the survival of the child. The case of maintenance is not the case of inheritance of property from the father.
It is legally advised to always consult an expert family lawyer in Pakistan when it comes to the case of child maintenance.
Our law firm deals with family cases. We are experts in cases of child maintenance. We also deal with cases of court marriage and online marriage in Pakistan.
There is no such fixed amount. It is up to the court to decide what is reasonable maintenance for a daughter in Pakistan. The minimum amount set is currently Rs8000; however, there is no maximum limit provided by the court. Generally, the court does not fix the amount at more than Rs25000 per child.
It is up to the court to decide how much the maintenance for the son in Pakistan will be. The minimum amount is Rs8000, and there is no limit for the maximum.
The legal rights of a child in Pakistan are that he should be provided with the basic facilities, which include food, shelter, education, and a toilet.
The law does not fix any minumum or maximum amount for the child maintenance in Pakistan
The child maintenance process takes about six months and continues till the male son turns 18 years old and the female daughter is married. It is a continuing case.
The father is legally responsible for paying child maintenance in Pakistan.
Yes! The court requires the father to pay maintenance even after the divorce.
Yes! A mother can claim child maintenance without filing a custody case. The case of child custody is different from this case.
The child maintenance for a daughter is paid till she gets married.
Yes! It can be increased later on if expenses rise. It is up to the court to decide in each circumstance. Generally, when the court orders it, it mentions the amount with a 10% annual increment.
There are no more documents required to file a child maintenance case in Pakistan. The applicant must provide only their ID card copy and birth certificate, along with the father’s proof of income and assets. If you don’t have these documents yet, you can file the case.
You can file the child maintenance case in Pakistan in the family court through a lawyer.
Generally, it takes about 6 months to one year.
Yes! You can claim child maintenance if the father is unemployed. It is the duty of the father to maintain, no matter if he is unemployed.
No! The remarriage of the mother does not affect the child maintenance case.
Yes! The court can compel the overseas father.
The authorities can send a father to jail and confiscate his properties as a legal action for non payment. If he is a government employee, then his salary can also be confiscated.
Yes! There are few conditions on which the grand father can also be held resposible for the child maintenance.
