Maintenance Law Services in Lahore

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Important Case Laws

2024 CLC 141

Courts were required to determine financial status of father.

2024 CLC 141

LAHORE-HIGH-COURT

S.5, Sched.maintenance of minor children. Grandfather, responsibility of. Suit filed by petitioner / mother of two minors was decreed by Trial Court against respondent / grandfather of minors fixing maintenance of Rs.40,000/- per child per month-Lower Appellate Court reduced the maintenance to Rs.30,000/- per child per month-

Validity-Fixing quantum of maintenance always required striking a balance between needs of minors and earnings of a father as well as his other sources-Award in favour of minors should not be incompatible or inconsistent with financial conditions of father or the one who was held to be obliged by law to take care of children-Trial Court was to consider education, medical, food expenses and other day to day needs of minors on one hand and on the other hand, Courts were required to determine financial status of father. Lower Appellate Court did not maintain requisite equilibrium while fixing quantum of maintenance for the minors and several parts of evidence were unduly ignored. Status of parties and available sources were overlooked by Lower Appellate Court. High Court set aside maintenance fixed by Lower Appellate Court and restored that of Trial Court, with 10% annual increase. Constitutional petition was allowed in circumstances.

Maintenance Law Services In Lahore Pakistan

Here are some key points regarding maintenance law in Pakistan for children: Obligation of Parents: Both parents have a legal obligation to provide financial support for their children’s maintenance and upbringing. This obligation extends until the child reaches the age of majority (usually 18 years old) or becomes self-sufficient, whichever comes later.

How to File for Child Maintenance in Pakistan

If a father refuses to pay child maintenance, the mother (or legal guardian) can file a suit in the Family Court.

Steps to File a Maintenance Case: Hire a family lawyer

File a maintenance suit under the Family Courts Act, 1964

Attach documents such as:

Birth certificate of the child

Divorce or separation documents

Evidence of the father’s income (if available)

The court will summon the father and determine an appropriate amount.

Once the order is passed, the father is legally bound to pay regularly.

Calculating Maintenance

A number of factors, such as the child’s financial needs, both parents’ income and resources, and the standard of living the child would have experienced if the parents were living together, are taken into consideration when determining the amount of maintenance.

Enforcement

If a parent fails to provide maintenance for their child, the other parent or legal guardian can file a maintenance petition in the family court. The court will then hear the case and make a determination regarding the amount of maintenance to be paid. Non-compliance with a maintenance order can result in legal consequences, including fines or imprisonment.

Modification of Maintenance Orders

Maintenance orders can be modified if there is a change in circumstances, such as a change in the financial situation of one or both parents, or if the needs of the child change. After a separation or divorce, a husband may sometimes take custody of a minor child. In a court of law, the non-custodial parent is the one who always makes a custody claim against the custodial parent.

Guardianship and Custody

Even when one parent has custody, the non-custodial parent could still be expected to pay for the child’s maintenance. Maintenance payments are separate from issues of custody and visitation, which are determined based on the best interests of the child.

Children’s Right to Maintenance

Children have a legal right to receive maintenance from their parents for their financial support, education, and other necessary expenses. This right is protected under Pakistani law, and parents are obligated to fulfill their duty of maintenance towards their children. It’s important for parents to understand their legal responsibilities and rights in Pakistan with regard to child maintenance. Parents can make sure that their child’s best interests are safeguarded by navigating the legal system with the assistance of a knowledgeable family law attorney.

Can the Maintenance Amount Be Increased?

Yes. If the child’s needs increase (e.g., school fees, medical issues), the parent can file a revision application to increase the maintenance. Similarly, if the father's income increases substantially, the court can reassess the amount.

What If the Father Refuses to Pay?

If the father does not pay despite a court order, the mother can: File an execution petition Request the seizure of the father's property Ask for the issuance of arrest warrants The court has the authority to punish the defaulter and recover the amount forcibly.

Factors the Court Considers:

Father’s Monthly Income Salary slips, tax records, business documents, and bank statements may be presented.

Child’s Age and Needs Younger children may need less than school-going or teenage children.

Educational Costs Private schooling, tuition, uniforms, and transport are considered.

Medical Expenses Ongoing or special medical needs influence the amount.

Standard of Living The child is entitled to the same standard of living they had before divorce.

Number of Children Maintenance is calculated separately for each child.

Example: If a father earns Rs. 150,000 per month, the court might set child maintenance between Rs. 10,000 to Rs. 30,000 per child—depending on living costs, education, and other factors.

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