Maintenance of children is one of the significant parts in any marriage especially when spouse is separated and children are in the custody of the mother. In Pakistan, the principal responsibility of the maintenance of children lies with the father even if he doesn’t have custody or he don’t want to meet the children.
Key points in child maintenance case:
- Maintenance responsibility: Primarily it is the responsibility of the father to maintain his children, in case father dies, the grandfather could be responsible for maintenance of his grand-children.
- How much money: The question that how much maintenance a father has to pay for his children could not be answer in terms of exact numbers as the financial situation of every father is different and he has to pay as per his income and financial status. Usually, it ranges from 5000 to 50000 rupees.
- Interim & Final Maintenance: In maintenance, courts often pass an interim order on the maintenance of the children while taking a tentative assessment which the father would have to pay during the case is under process and when the case is completed the court would pass a final order in which the court would fix a permanent amount for maintenance of children.
- What if Husband refuse to pay: The ultimate responsibility of providing maintenance of children lies with the father. If the father refuse to pay the money, the court could confiscate his property, attach his salary or pass an order to arrest the father and send him to jail for 1 year.
How to File the Case for maintenance of Children in Pakistan:
Maintenance of children is a fundamental right and a necessity for a child. Courts basis on welfare of Minor and financial capacity of the father fix a maintenance amount which the father has to pay monthly the child or his guardian, if the father doesn’t pay the amount through out of court settlement than the legal guardian can file the case in Guardian/Family court. You have to provide concrete evidence in relation with the actual expenses with the children. In order to file the maintenance of children case, you have to file a suit for maintenance in the Guardian/ Family Court where the children are living.
Procedure of Child/Minor Maintenance Case:
1. Consult a Lawyer: In order to obtain maintenance of the child, you can send a legal notice to the father for demanding the maintenance of the child if he still don’t pay, you have to consult with a professional Lawyer who would obtain the basic details of the children such as their Name, Age, Date of Marriage & Separation of parents, Date of Birth of Child, Details and status of Financial Background of father, Background of the case. After analyzing the details of your case, the Lawyer will suggest you accordingly and will file a case in the Guardian/Family Court.
2. Documents: The documents required for the case of maintenance of children are following:
- Identity Card of the Guardian
- Copy of the Nikkah-Nama
- Separation Documents e.g Divorce Deed, Khula Decree
- Financial Background proof of Father
- Proof of Child Birth e.g B-form, Birth Certificate
- Name of witnesses
- any other relevant document.
In exceptional cases, when a Guardian don’t have access to any of such document, they can still file the Case.
3. Court Visit: In such cases, the Guardian has to appear before the court and record her testimony before a family court Judge that he/she seeks maintenance of children. Such testimony would be cross-examined by the other side Lawyer who would ask you about the details of custody case. Moreover, the witness who could testify regarding the case also has to appear before the Judge to prove your case.
4. Time-Frame: The case time could vary as per the nature of the case whereas an interim maintenance could be fix until the decision of the case at the initial stage of the case. However, it usually takes a few months to conclude a maintenance case and get the maintenance of the children.
5.Fee for Recovery cases: In such cases, there are 2 types of cost which you need to keep in your mind. The 1st cost is of filing your case which is almost 3000/PKR to 5000/PKR in which the lawyer will file your case, send notices to the other party, publish your advertisement in the newspaper and other misc. charges. The 2nd cost is the fees of the services of the professional Lawyer, which could depend on the expertise and experience of your Lawyer. However, there could also be other Misc. charges involve such as fee for commissions or applications.
Important: If you also have other claims such as Khulla, Dower, past maintenance, custody, you can also file one consolidated case in which you would first seek Khulla and then your other claims.
For understanding the steps of Khulla click here.
Also consult with a professional Lawyer here https://wa.me/+923216065100
Conclusively, filing a maintenance case in Pakistan involves a structured legal process that requires careful preparation and understanding of your rights. However, the maintenance is a fundamental right and you will get eventually the maintenance even if you can’t prove anything. By consulting with an experienced lawyer, preparing the necessary documents, and following the legal steps outlined above, you can navigate the process effectively. Understanding the steps for custody case and being aware of the legal considerations will help you approach the case with confidence. Contact us at +923216065100 for legal consultation.
Also follow us on Facebook: https://www.facebook.com/gamesoflaw?mibextid=LQQJ4d
Instagram: http://instagram.com/gamesoflaw
Tiktok: http://tiktok.com/gamesoflaw
