Child Maintenance
Understanding Child Maintenance Laws
Child maintenance, known in Urdu as نان و نفقہ, is an important part of Pakistani family law. It ensures that children—whether minors or those with special needs—receive financial support during and after a marriage ends or parents separate. Governed under the Muslim Family Laws, these provisions protect the rights and well-being of children, ensuring that parental separation does not compromise their basic needs.
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What Is Maintenance?
Under Pakistani law, maintenance covers essential needs such as food, clothing, shelter, and basic living expenses. According to the judgment 2021 MLD 1521, maintenance includes the father’s responsibility to provide these necessities to his children and wife. The purpose is to ensure that minors are cared for in a dignified manner, relieving the mother from bearing the financial burden alone.
Child Maintenance Under Islam
Islam provides detailed rules for the maintenance of wives and children, which form the basis of Pakistani law on the subject.
According to Surah Al-Baqarah, Ayat 233:
Mothers should breastfeed their children for two full years if they wish to complete the nursing period.
The father must provide reasonable maintenance, including food and clothing, during this time.
No one should be asked to bear more than they are capable of.
Neither mother nor father should suffer because of the child.
The father’s heirs have the same responsibility.
If both parents mutually agree to wean the child early, there is no blame.
Using a wet-nurse is allowed if fair payment is made.
“Divorced mothers will breastfeed their children for two full years. The father is responsible for reasonable maintenance and clothing. No one bears more than they can handle, and neither parent should be harmed because of the child. Mutual agreement to wean early is allowed. Fair payment to a wet-nurse is permitted. Be mindful of Allah, who observes all actions.” [Al-Baqarah 2:233]
Pakistani courts strictly apply these Islamic principles. In 2022 PLD 840, the court confirmed that under Islamic law, a father has a legal, moral, and religious duty to maintain his children until the age specified by law or Sharia, as directed by the Quran.
Child Maintenance Law in Pakistan
Under the Muslim Family Laws Ordinance, 1961
Section 9 states that a child has the right to adequate maintenance from the father.
The father is legally responsible for providing for the child’s needs.
If the father fails in this duty, the child (through a guardian or next friend) can take legal action to enforce this right.
Under the Family Courts Act, 1964
Item 3 of Schedule I (Section 5) gives Family Courts exclusive jurisdiction over matters related to child maintenance.
This means the Family Court is the proper forum to decide disputes regarding a child’s financial support.
Right of Maintenance During Marriage
A child’s right to maintenance is not limited to cases of divorce or separation.
Even if the parents are married and living together, the father is legally responsible to provide for the child’s needs. The child’s right to maintenance remains unaffected.
Child Maintenance After Divorce in Pakistan
After divorce, Khula, or any other separation, the father remains responsible for his child’s maintenance, regardless of whether the child lives with the mother, father, or another relative.
Even if the mother has custody, the father is legally and morally obliged to pay monthly maintenance. Custody disputes do not remove his obligation.
According to the judgment reported in 2022 MLD 1750, a father must maintain his son until puberty and his daughter until marriage. This duty is absolute unless legally altered.
Legal Remedies for Non-Payment of Child Maintenance
If a father refuses to pay maintenance, the child (through a guardian or next friend) can file a maintenance suit in Family Court.
The suit can be filed during the marriage or after divorce.
It is filed under Section 7 of the Family Courts Act, 1964.
The Family Court assumes jurisdiction under Item 3 of Schedule Part I, made under Section 5 of the same Act.
The court can then enforce the father’s obligation to provide maintenance.
Suit for Child Maintenance in Pakistan
A child (through a guardian or next friend) can file a maintenance suit under Section 7 of the Family Courts Act, 1964. The Family Court assumes jurisdiction under Item 3 of Schedule Part I, Section 5. For convenience, the suit can be filed in the court where the mother or child ordinarily resides.
Procedure for Child Maintenance Case
Filing of Suit
- The next friend files the suit in Family Court, providing facts and supporting documents
Notice to the Father
The court schedules a hearing (usually within 30 days) and issues a summons with a copy of the plaint.
Interim Maintenance
On the first hearing, the court sets a temporary monthly maintenance under Section 17(A) to ensure the child is financially supported during proceedings.
Non-Payment of Interim Maintenance
If the father fails to pay within 14 days each month, he may lose the right to defend, and the court can grant maintenance based on the plaint and supporting documents.
Case reference: 2024 SCMR 1292 SC – the Supreme Court confirmed that a father failing to pay interim maintenance can be penalized and costs imposed.
Written Statement
The father submits his written statement and documents. If absent, the court may proceed without him.
Pre-Trial Reconciliation
The court tries to reconcile the parties. If unsuccessful, it frames issues and schedules evidence.
Recording Evidence
Parties present evidence and witnesses, with cross-examination. Witness notice must be submitted within 3 days of issues being framed.
Post-Trial Proceedings
After evidence, the court attempts reconciliation again. If it fails, a judgment is issued.
Execution of Decree
If no appeal is filed, the applicant can submit an execution petition for enforcement of the maintenance decree.
Documents Required for Filing Child Maintenance Suit
CNIC or Passport of applicant
Birth certificate of the child
Marriage registration certificate (Nikahnama, if registered)
Proof of father’s income
Evidence of the child’s living standards
Any other documents strengthening the case
Determination of Child Maintenance in Pakistan
Father’s Income
The court assesses the father’s earnings and financial capacity.
Reference: 2021 CLC 809 – under Section 17-A(4) of the Family Courts Act, 1964, the court can evaluate the father’s income for maintenance purposes.
Financial Obligations
The court considers the father’s other responsibilities, such as dependents (parents, siblings) and other financial commitments.
Child’s Needs and Lifestyle
The court evaluates the child’s requirements and standard of living to ensure maintenance meets the child’s reasonable needs.
Adjustment Over Time
The Family Court can set a maintenance amount higher than initially requested if circumstances change or over time.
Access to Financial Records
The court can summon records from authorities (e.g., FBR, banks) to verify the father’s financial status and ensure the maintenance is fair and reasonable.
Burden of Proof
The father must prove his financial position.
Reference: 2023 CLC 161 – the minor is not required to show the father’s income; failure of the father to prove his finances may lead the court to make adverse inferences.
Annual Increase in Child Maintenance
The court can order an annual increase in the maintenance amount.
If no specific increase is mentioned, the maintenance automatically increases by 10% each year.
Duration of Father’s Obligation to Pay Maintenance
For Sons: The father must provide maintenance until the son reaches 18 years of age (age of majority).
For Daughters: The father must provide maintenance until the daughter gets married and moves to her husband’s home, including marriage-related expenses.
Key Judgments:
2022 MLD 945: Father must maintain his son until majority and daughter until marriage.
2023 CLC 244: Father is responsible for both past and ongoing maintenance of his minor daughter until marriage, in line with Quranic directives.
Grandfather’s Liability to Pay Maintenance
A grandfather may be responsible for maintaining minor grandchildren only if the father is poor, infirm, or unable to earn, and the mother is also financially incapable.
A maintenance decree against the father cannot be directly enforced against the grandfather. If the father has no property, the child must file a separate suit against the grandfather to claim maintenance.
Key Judgments:
2024 CLC 141: Grandfather is liable to maintain grandchildren only when both father and mother are financially incapable.
2024 PLD 67 SC: A decree against the father cannot be executed against the grandfather; a separate suit is required.
How the Moiz Law Firm Can Assist
At Moiz Law Firm, we provide legal assistance to both men and women in matters of child and spousal maintenance. The information in this article is shared for public awareness and general understanding, but it does not constitute legal advice.
For personalized guidance or legal assistance, you can contact our expert family lawyers in Pakistan.
We are committed to providing tailored solutions to help you navigate maintenance and family law matters effectively.
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