Understanding and Procedure of Child Maintenance in Pakistan
Child maintenance, also known as child support, is a crucial aspect of ensuring the welfare of children after the separation or divorce of their parents. In Pakistan, child maintenance is governed by both Islamic Sharia and the country’s family laws. At ApkaWakeel, we strive to make this complex process understandable and accessible. This guide will help you understand child maintenance within the context of Pakistani law and Islamic principles.
What is Child Maintenance?
Child maintenance refers to the financial support that the non-custodial parent provides to the custodial parent for the child’s living expenses. These expenses cover food, clothing, education, healthcare, and other essentials needed for the child’s well-being.
Islamic Sharia on Child Maintenance
In Islam, the responsibility of providing for children primarily falls on the father. This obligation is rooted in several Quranic verses and Hadiths that emphasize the father’s duty to support his children financially.
- Quranic Basis: Surah Al-Baqarah (2:233) states, “The father of the child shall bear the cost of the mother’s food and clothing on a reasonable basis.”
- Hadith: The Prophet Muhammad (PBUH) said, “It is sufficient sin for a man if he neglects those who are under his care” (Sunan Abu Dawood).
Legal Framework in Pakistan
The legal framework in Pakistan reinforces Sharia principles while ensuring the child’s best interests. Key aspects include:
Custody and Maintenance: The Guardian and Wards Act, 1890, and the Family Courts Act, 1964 govern child custody and maintenance issues. Generally, custody is granted to the mother, while the father is responsible for providing financial support.
Determining Maintenance: The court considers several factors when determining the amount of child maintenance:
- The father’s income and financial capacity
- The child’s needs and standard of living
- The cost of living and inflation
Duration of Maintenance: Maintenance is required until the child reaches adulthood. For daughters, this obligation may extend until marriage, while for sons, it usually continues until they complete their education and are capable of supporting themselves.
Filing for Child Maintenance
Application to Family Court: The custodial parent must file a petition in the Family Court, detailing the child’s expenses and the non-custodial parent’s financial status.
Court Proceedings: The court will review the petition, the father’s financial documents, and any other relevant evidence. Both parents may be required to present their cases.
Court Order: After considering all relevant factors, the court will issue an order specifying the amount of maintenance and the payment schedule.
Enforcement of Maintenance Orders
If the non-custodial parent fails to comply with the maintenance order, the custodial parent can seek enforcement through the Family Court. The court may take several actions to ensure compliance, including:
- Attaching the father’s wages/salary
- Seizing assets
- Imposing fines or penalties
Importance of Legal Representation
Navigating child maintenance issues can be complex. At ApkaWakeel, our experienced family lawyers provide comprehensive legal support to ensure your rights and your child’s best interests are protected. We assist with filing petitions, negotiating fair settlements, and representing you in court.
Conclusion
Child maintenance is essential for the well-being and development of children after parental separation. Understanding your rights and obligations is crucial. At ApkaWakeel, we are dedicated to providing compassionate, expert legal services tailored to your unique situation. Whether you are seeking child maintenance or need help with enforcement, our team of top family lawyers is here to support and guide you every step of the way.
Contact ApkaWakeel today for personalized legal assistance, ensuring your child’s future is secure and well-supported.
