Article 17A of the Family Courts Act deals with the suits for maintenance for the wife and/or the child. It sets out rules and procedural guidelines for the family courts while deciding such suits. It has two sections, which we will be looking at in detail:
Section 1: Interim Maintenance
● What is Interim Maintenance?
Interim maintenance is the temporary financial support that the defendant (the husband) has to pay to the wife while the trial is ongoing. This ensures that the wife and child are not deprived of their needs in case of lengthy proceedings.
● What does the Act say?
According to the section 1 of Article 17A, the court has to ordain a specific interim monthly maintenance upon the husband on the first day of the trial. The defendant is required to pay thefixed maintenance by the 14th of each month. In case the husband does not pay it by the 14th,The court can either strike off his right to defense or immediately announce the verdict in favorof the plaintiff without needing further evidence.
Section 2: Final Maintenance:
This section delves into the Family Court’s authority when deciding the final maintenance. Here
are the points mentioned in it.
● The court can decide the monthly value higher than what was asked for by the plaintiff. It is rationalized in the act mentioning that there may be inflation due to lengthy proceedings at trial. It also ensures that the maintenance remains reasonable and adequate even if the plaintiff asked for a lower amount.
● The court also has the right to announce the annual increase in the maintenance fixed to account for inflation or increasing living costs. If the court verdict remains silent on the annual increase, then an automatic increase of ten percent every year is applied.
● The Court can also summon evidence and financial records from external organizations such as banks, organizations, employers of the defendant etc. This ensures that just maintenance is decided via accurate data.
Article 17A of the Family Courts Act provides a strong legal framework to ensure the financial well-being of women and children involved in maintenance suits. Through provisions like interim maintenance, annual increases, and the court’s authority to investigate the financial standing of the defendant, this law prioritizes the immediate and long-term needs of the wife and child. By striking off the defense of the defendant for non-payment, it also ensures swift justice and prevents undue delays in securing essential support. Women, it is essential to understand and exercise your legal rights when it comes to securing financial support for yourself and your children. Do not hesitate to seek the assistance of the Family Court if you find yourself in need of maintenance. The law is designed to protect you and ensure that you and your children are provided for during and after legal proceedings. Empower yourself by taking action, seeking justice, and ensuring your rightful access to financial support.
Also read : بچوں کے خرچہ کا کیس کیسے ہوگا؟ نان ونفقہ کی ذمہ داری کس کی ہے؟
How to get Custody of your children?
For Legal Consultations you can contact our professional lawyers at Contact Us.
