Children are the liability of father in Pakistan and the father in Pakistan is duty bound for the maintenance of children in Pakistan. Father cannot take any such plea that the mother is rich or the father have no means of income. Whether the father have the means of income or not or even if the father does not earn a single penny still maintenance of children in Pakistan is the duty of the father. Child have the right of basic necessities which includes food, cloth, shelter and education and the father have the duty to provide all these necessities father cannot say the court that the mother have means of income or cannot take a plea in the court that he cannot afford. Father is bound for the Maintenance of Children in Pakistan
The question here arises that how much will be the amount of maintenance that the father will pay to the child or children on monthly basis and what will be the mode of payment. The answer to these question are that there is no fix amount of money in law which says that this should be the monthly maintenance and it is up to the court to decide that what will be the monthly maintenance payable by the father. Court in deciding the maintenance will consider some of the basic things which is welfare of the child and the other is the income or source of income of the father. In the other words the more you prove the income of father the more will be the amount of maintenance. As far as the mode of maintenance is concerned the father will have to submit the monthly payment in the court unless both the parties agrees to submit in the bank account or the court directs otherwise.
Father of the child or children have to make the payment whether there is a divorce between husband and wife or not. Whatever there might be the reasons of divorce in Pakistan between the husband and the wife , The father is bound to pay the maintenance amount. The reasons of divorce in Pakistan does not affect the maintenance amount in Pakistan. Method of nikah in Pakistan also does not affects the maintenance case however if the method of nikah in Pakistan is in written form and the clauses of nikahnama are filled with heavy amount of haqmehar and maintenance of wife then this nikahnama can be used as evidence to prove that the husband is a wealthy person
For the maintenance the case is filed in the family court and children being minor cannot file case themselves against their father. They need a major person above 18 years to file the case. Normally the case of maintenance by the children are filed through their mother against the father of the children. A male child under 18 years gets maintenance till the age of majority which is 18 years. However a female child can get maintenance till she gets married. Once case is filed the applicant will not have to wait for payment till the final hearing or the disposal of case. The applicant will start getting interim maintenance till the final hearing of the case.
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