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Child maintenance in Pakistan is a legal right bestowed upon dependent children to receive financial support from their parents. This support is essential for their upbringing, education, and overall well-being.
Filing a Lawsuit: The primary method to seek child maintenance is by filing a lawsuit in the family court under the Muslim Family Law Ordinance of 1961. The custodial parent, typically the mother, can initiate the lawsuit, seeking financial assistance from the non-custodial father to support the child’s needs.
Under Pakistani family law, the non-custodial father is bound to pay child maintenance. The mother, holding the custody of the child, can claim maintenance on behalf of the child to ensure their proper upbringing and financial security.
The duration of the father’s liability to pay child maintenance varies based on the child’s gender and specific circumstances. In the case of a son, the father is liable to pay maintenance until the child reaches the age of 18 years. However, if the son is disabled, the father’s liability continues until the period of disability persists.
For a daughter, the father’s liability extends until her marriage and includes the expenses of her marriage. It is essential to note that the duration of maintenance can vary based on the individual case and the court’s discretion.
When determining the quantum of maintenance, the court considers various factors, including the basic needs of the child, the lifestyle of both parents and their near relatives, the lifestyle of the paternal and maternal grandparents (if they are alive), the family background of both parents, the society where the child is living, and the expenses of the child borne by the custodial parent. The Family Courts Act of 1964 governs the procedures and guidelines for determining child maintenance in a just and equitable manner. Lawyers at lawyersinc.pk will help you present your case in the court in a clear and comprehensive manner, ensuring all relevant facts are considered to obtain the maximum maintenance amount from the non-custodial father, securing the child’s future.
Child maintenance holds great significance in Islam, as it reflects the responsibility of parents to provide for their children’s needs. The Quran and Hadith emphasize the obligation of parents, particularly fathers, to support their children and ensure their well-being, even after divorce or separation. This duty aligns with the principles of justice and compassion towards children, who are considered a trust from Allah.
Filing a Lawsuit: The custodial parent, usually the mother, can file a lawsuit for child maintenance in the family court under the Muslim Family Law Ordinance of 1961. This claim can be filed regardless of whether the father or child is residing overseas, as the process allows for the use of a Special Power of Attorney (SPA) for representation.
Involvement of Embassies: When the father or child is overseas, the involvement of embassies can facilitate the legal process. Lawyers at lawyersinc.pk are well-versed in handling such cases and can assist in coordinating with relevant embassies to ensure a smooth and efficient resolution.
Refusal or failure to pay child maintenance is a serious offense and can lead to penalties under Pakistani family law. In cases where the father refuses or neglects to pay, the court may take stringent measures to enforce the maintenance order. One such penalty is imprisonment for the father until he complies with the maintenance order or provides a justifiable reason for non-payment.
If the father is unable to pay child maintenance due to financial constraints, the responsibility may fall upon the paternal grandfather, if he is alive and financially capable. The court may direct the grandfather to fulfill the obligation of child maintenance in such circumstances.
In cases where the father fails to pay child maintenance despite court orders, the court has the authority to recover the outstanding amount by attaching the father’s properties and auctioning them. This measure ensures that the child’s financial needs are met, even in the absence of voluntary payment by the father.
Child maintenance is a crucial aspect of Pakistani family law, ensuring the financial security of dependent children. It is not only a legal obligation but also rooted in Islamic principles, reflecting the duty of parents to provide for their children. By understanding the lawsuit process, including the involvement of embassies when the father or child is overseas, custodial parents can secure the necessary financial support for their children. Moreover, penalties for non-payment and the possibility of involving the grandfather ensure that child maintenance orders are enforced, guaranteeing the well-being of the child as intended by the law and Islamic teachings. Lawyersinc.pk is committed to providing expert legal assistance in child maintenance cases, helping custodial parents uphold their rights and protect the best interests of their children.
A: Child maintenance is financial support provided to dependent children by their parents. Under Pakistani family law, the custodial parent, usually the mother, can claim maintenance on behalf of the child.
A: For a son, the father is liable to pay child maintenance until the child reaches the age of 18 years. However, if the son is disabled, the father’s liability continues until the period of disability persists. For a daughter, the father’s liability extends until her marriage, including the expenses of her marriage.
A: Yes, child maintenance can be sought even if the father or child is residing overseas. The custodial parent can file a lawsuit through a Special Power of Attorney (SPA) for representation in such cases.
A: The court considers various factors, including the basic needs of the child, the lifestyle of both parents and their near relatives, the lifestyle of the paternal and maternal grandparents (if they are alive), the family background of both parents, the society where the child is living, and the expenses of the child borne by the custodial parent.
A: Child maintenance holds great significance in Islam, as it reflects the responsibility of parents, especially fathers, to provide for their children’s needs. Islamic teachings emphasize the duty of parents to support their children’s well-being, even after divorce or separation.
A: Yes, child maintenance can be claimed during the marriage if the custodial parent requires financial assistance for the child’s support.
A: Refusal or failure to pay child maintenance is a serious offense under Pakistani family law. The court may impose penalties, including imprisonment for the father until he complies with the maintenance order or provides a justifiable reason for non-payment.
A: Yes, if the father is unable to pay child maintenance due to financial constraints, the responsibility may fall upon the paternal grandfather, if he is alive and financially capable.
A: When the father or child is overseas, lawyersinc.pk can coordinate with relevant embassies to facilitate the legal process and ensure a smooth and efficient resolution of child maintenance cases.
A: In cases where the father fails to pay child maintenance despite court orders, the court has the authority to recover the outstanding amount by attaching the father’s properties and auctioning them.
A: No, child maintenance can be sought during marriage if the custodial parent requires financial assistance for the child’s support. It is also applicable after separation or divorce.
A: Filing a lawsuit for child maintenance can be complex, and seeking professional legal advice ensures a thorough understanding of the legal process and increases the chances of a successful resolution. Reputable law firms like lawyersinc.pk offer expert guidance and representation in handling child maintenance cases, protecting the best interests of the child.
A: In such cases, the grandfather may be required to contribute to child maintenance if the court deems it necessary to ensure the child’s financial well-being and standard of living. The court will consider all relevant factors to arrive at a just decision.
