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Who is Responsible for Paying Child Maintenance in Pakistan?

In Pakistan, the legal responsibility for child maintenance primarily lies with the father. According to established laws, a father is obligated to support his daughter until her marriage, at which point her husband assumes that responsibility. For sons, the father is typically required to provide maintenance until the child reaches 18 years of age. However, if the son is not employed and remains financially dependent on the father, he may continue to receive support for educational expenses and overseas studies. Recent legal developments have broadened this obligation, allowing foster or adopted children to seek maintenance from their guardians or foster parents. While the father is generally the primary provider, there are circumstances where the mother can also be held responsible for maintenance. This typically applies if the mother has a source of income or assets but refuses to contribute to the child’s financial needs. Even if a minor is in the mother’s custody, this does not absolve the father of his maintenance obligations. The mother can file a lawsuit for child maintenance in Family Court on behalf of the minor. Maintenance typically covers expenses related to education and essential needs such as food, clothing, travel, and recreation.

What is the Monthly Maintenance Amount Payable to a Child by the Father?

The law does not specify a fixed monthly maintenance amount for children. Instead, this figure can be determined either through mutual agreement between the parents or by a court order. Generally, the maintenance amount is assessed based on the father’s financial capabilities.

Procedure for Claiming Child Maintenance in Pakistan

If child maintenance is not agreed upon, a claim can be filed in either Family Court or with the Chairman of the Union Council. Regardless of the chosen venue, it is crucial to establish the father’s financial situation. Additionally, the court or Union Council will consider the child's actual expenses to determine the necessary monthly maintenance amount. Since legal proceedings can be time-consuming, interim maintenance may be set by the court or Union Council while the case is ongoing. This interim amount can be adjusted later based on a comprehensive evaluation of the specific facts and circumstances involved in the case.

Can a Mother Who is Separated but Not Divorced Claim Maintenance for a Minor from the Father?

A mother does not need to be divorced to claim maintenance for her child from the father. The right to seek maintenance for a minor is independent of marital status. As previously mentioned, a father cannot evade his duty to provide support for the child simply because custody is granted to the mother.

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What is the Age Limit for a Child to Claim Maintenance from the Father?

Under current laws in Pakistan, a father is obligated to maintain his daughter until she gets married. Once married, the responsibility for her maintenance shifts to her husband. However, if a daughter is divorced and lacks an income, the father must continue to support her until she remarries. For Sons: A son is entitled to maintenance from his father until he reaches 18 years of age. This law is based on the principle that individuals should become self-sufficient upon reaching adulthood. However, if a son wishes to pursue further education and remains dependent on his father, the father cannot refuse to provide maintenance. Therefore, there is no blanket rule allowing a father to evade his responsibilities based solely on the child's age; each case must be evaluated based on its unique circumstances.

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What Happens if the Father Fails to Comply with the Maintenance Order?

If a father fails to adhere to a maintenance decree for the minor, the court has several enforcement options. It can attach his assets or, if he is a salaried employee, deduct maintenance directly from his salary. In cases where the father lacks sufficient assets, the court may order his arrest, which could result in imprisonment for six months to a year. Additionally, the grandfather of the minor may also be held responsible for fulfilling the maintenance order, and the court can attach any of his assets to ensure compliance with the maintenance obligation.

About Us:

At Burhan & Associates, we are among the leading family lawyers in Lahore, specializing in sensitive disputes like maintenance claims for minors. With extensive experience in handling complex cases, we work efficiently to protect your interests. If you are facing challenges regarding maintenance payments from the child’s father, contact us to schedule a consultation, and we will manage the rest.



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Ahmed Burhan

Mr Ahmed Burhan

British Pakistani Lawyer

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