Maintenance of child in Pakistan is a fundamental aspect of family law, ensuring that every child receives financial support, care, and protection regardless of the relationship between the parents. Under Islamic and statutory law, the father bears the primary responsibility for maintaining his children. This obligation includes expenses for food, clothing, shelter, medical care, and education. Parents must provide maintenance for their child as a legal and moral duty under Islamic principles and Pakistani law.
Legal Basis for Maintenance of Child in Pakistan
According to Islamic law, the father’s duty to maintain his children continues whether or not he lives with the mother. Even after divorce or separation, he remains responsible for their financial support. The Family Courts Act, 1964 and the Guardian and Wards Act, 1890 provide the legal foundation for enforcing this right. The Family Court has exclusive jurisdiction to decide maintenance matters, keeping the welfare of the child as the central consideration. Courts actively apply the law to ensure that they protect minors and fulfill the duty of child maintenance.
Procedure to Claim Maintenance of Child in Pakistan
The law provides a simple and accessible procedure to claim maintenance of child in Pakistan. The mother or guardian starts the process by filing a maintenance suit in the Family Court of her or the child’s residence. This rule ensures convenience and accessibility for claimants, especially women living separately from their husbands.
The plaint must list the parties’ names, relationship, child’s age, and the father’s income or occupation.
The claimant must state the monthly maintenance needed for the child’s education, health, and daily expenses.
Supporting documents such as the Nikahnama, birth certificate of the child, and any evidence of the father’s income or assets should be attached. After the plaint is filed, the court notifies the father to appear and submit his reply. Both parties present evidence, including witnesses and documents, for the court to review.
Interim Maintenance and Final Decision
During proceedings, the Family Court may grant interim maintenance, a temporary allowance to meet the child’s immediate needs while the case is pending. After hearing both parties and reviewing the evidence, the court determines the final amount of maintenance based on the father’s income, standard of living, and the child’s requirements.
The judgment binds the father, and non-compliance may lead to property attachment, salary deduction, or other legal actions. The court may adjust the maintenance amount later if the father’s income, living costs, or the child’s needs change.
Enforcement of Maintenance Orders
If the father fails to pay the maintenance amount, the Family Court can take strict legal action. The court can attach the father’s property, seize his salary, or order imprisonment in case of willful default. These enforcement powers make child maintenance in Pakistan a practical, enforceable right, not just a theoretical obligation.
If the father lives abroad, the mother can file the case in her or the child’s local Family Court.
The court serves notice via the Pakistani embassy or consulate and orders the father to pay through legal remittance channels.
Role of Other Laws and Welfare Principle
The Guardian and Wards Act, 1890 complements the Family Courts Act by emphasizing the welfare of the child as the primary consideration in custody and maintenance cases. Similarly, the Muslim Family Laws Ordinance, 1961 provides a process for conciliation before formal litigation, allowing parties an opportunity to settle maintenance disputes amicably under supervision of the Union Council.
Duration of Maintenance Obligation
The obligation to pay maintenance of child in Pakistan continues until the son becomes financially independent and the daughter until her marriage. Fathers must continue paying maintenance if the child is disabled, pursuing education, or unable to earn.The mother, although not legally obliged, may voluntarily contribute to the child’s upbringing, but her support does not release the father from his legal duty.
Maintenance in Special Circumstances
Pakistani courts may order fathers to maintain illegitimate or unacknowledged children to ensure they receive basic necessities.
Courts prioritize the child’s welfare over disputes about parentage or acknowledgment.
Execution and Recovery of Maintenance
Once a maintenance decree is granted, the mother or guardian may file an execution petition in case of default. The Family Court can summon the father, attach his movable or immovable property, or issue warrants to recover arrears. Continued failure to comply can lead to imprisonment. These powers make the maintenance of child in Pakistan an effective and secure legal right.
Importance of Child Maintenance in Pakistani Society
Maintenance of child in Pakistan is both a legal obligation and a moral responsibility grounded in justice and compassion. The legal system ensures that every child enjoys a decent standard of living, education, and emotional security, regardless of the status of the parents’ relationship. By upholding maintenance laws, Pakistani courts protect minors from financial neglect and promote the welfare of children as the top social and legal priority.
Contact Us
If you are seeking professional legal assistance regarding maintenance of child in Pakistan, custody disputes, or family court matters, our experienced lawyers at ApkaWakeel are here to help. We provide expert legal representation in all Family Courts across Pakistan and ensure your rights are protected effectively.
Our legal team will guide you through every step of the process — from filing the maintenance claim to enforcement of the court decree — ensuring the welfare of your child remains fully protected under Pakistani law. Feel Free Contact Us.