CHILD MAINTENANCE AND SUPPORT IN PAKISTAN

Responsibility for paying child maintenance in Pakistan primarily falls on the father, as per established legal principles. Here's a breakdown of the key points regarding child maintenance in Pakistan:

1. Responsibility of Father:

Under Pakistani law, the father is obligated to maintain his children. This responsibility continues until specific events occur, such as the daughter's marriage or the son reaching the age of 18. Even foster or adopted children may seek maintenance from their foster parent or guardian.

2. Claiming Maintenance:

If maintenance is not fixed through mutual agreement, a claim for maintenance can be filed in either the Family Court or before the Chairman Union Council. The financial soundness of the father and the exact expenses of the child are essential factors in determining the maintenance amount.

3. Amount of Maintenance:

The law does not specify a fixed monthly maintenance amount for minors. It can be determined consensually or through a court order, considering the financial situation of the father and the child's needs.

4. Mother's Claim for Maintenance:

A mother, even if separated but not divorced, can claim maintenance for a minor child from the father. The custody of the child with the mother does not absolve the father of his obligation to provide maintenance.

5. Age Limit for Claiming Maintenance:

- For daughters: Maintenance is required until the daughter gets married. If a divorced daughter has no means of income, she can still claim maintenance from her father until she remarries.

- For sons: Maintenance is required until the son reaches the age of 18. However, if the son is pursuing studies and dependent on the father, maintenance may continue beyond the age of 18.

6. Enforcement of Maintenance Orders/Decrees:

If the father fails to comply with a maintenance order or decree, the court can attach his assets, including salary, for satisfaction of the decree. In extreme cases, the father may be arrested, and even the grandfather can be held liable to satisfy the decree.

These procedures ensure that children in Pakistan are provided for adequately, with legal mechanisms in place to enforce maintenance obligations.