WHO IS RESPONSIBLE FOR PAYING CHILD MAINTENANCE IN PAKISTAN?

It is a settled principle of law that a father is required to maintain his children. Under the prevalent laws of Pakistan father is required to maintain his daughter until she gets married. After marriage daughter becomes the responsibility of the husband. On the other hand, for son’s father is entitled to pay maintenance until the age of 18 years. Having said that, however, if the son is not working and is dependent on his father, he can claim maintenance from his father for an academic fee and foreign studies. Earlier law only obligated biological father to maintain children but in recent legal development, even foster child or adopted child can seek maintenance from foster parent or guardian. Generally, payment of maintenance is a legal duty of the father but in some cases maintenance can also be demanded from the mother. It is where a mother is working or a business lady and has means of sources to maintain children but has refused to do so.

In general, it is a father who is required under the law to maintain his children. Minor in the custody of the mother does not out obligation of the father from maintaining a child. Mother on behalf of a minor can file suit for recovery of maintenance in Family court against father. so to speak maintenance or financial support of minor include the expenses incurred on education and other necessities including but not limited to milk, clothing, traveling, recreation, etc.

WHAT IS THE AMOUNT OF MAINTENANCE AMOUNT PAYABLE PER MONTH TO THE CHILD BY THE FATHER?

The monthly maintenance value payable to minors is nowhere mentioned in the law. Maintenance payable to minors can, however, be fixed consensually or by an act of law. Act of law means the decree or order of the court. As a general principle maintenance value is determinable after considering the financial soundness of the father.

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