Bacoconsultants
Under the prevailing laws of Pakistan, maintenance of child if not fixed consensually, Claim for maintenance can be filed either in Family Court or before the Chairman Union Council. Regardless of whether you choose to file a claim in court or before Union Council, it is paramount that the financial soundness of the father is established. There is another important factor which the court or Union Council considers in determining the maintenance payable each month by father to a child. The exact expense of the minor is to be established so as to decide the exact value which the minor requires for financial support in order to meet daily necessities.
As the case may take time till it is decided, court or Union Council during the pendency of the case, fix interim maintenance of minor which is increased or decreased after a full examination of the facts and circumstances of each case.
CAN A MOTHER SEPARATED BUT NOT DIVORCES CLAIM MAINTENANCE FOR A MINOR FROM A FATHER?
The mother does not have to be divorced in order to claim maintenance for a minor from the father, the claim of maintenance of minor has nothing to do with the status of marriage. As discussed above, the father cannot wriggle out of his obligation to support and maintain the minor on the ground that custody of the minor is with the mother.
WHAT IS THE PROCEDURE WHEN THE FATHER FAILS TO COMPLY WITH THE MAINTENANCE ORDER /DECREE?
In case of failure to comply with the decree of maintenance in favor of the minor, assets can be attached by the court. If the father is a salaried person, the court attaches his salary for the satisfaction of the decree. Where there no asset to satisfy the court decree, the court can also get the father arrested. In such eventuality, the father will have to remain behind bars for 6month to 1 year.
For maintenance of minor and in satisfaction of the decree of the court, grandfather is also equally liable to satisfy decree of a court. Any assets of the grandfather of the minor can be attached to satisfy the decree of maintenance payable to the minor.