The right to support is an essential right of a child. Under Pakistani law, the dad is answerable for paying support for his children. Upkeep is occupant upon the dad as indicated by his monetary conditions. In 2002, an alteration was made in the Family Courts Act 1964, and a few principles identifying with a child’s entitlement to maintenance were formed.
Maintenance of child under Pakistan Law and Islamic Law
Maintenance is an obligation that emerges out of guardianship. In Islamic law, minors’ guardianship vests in the dad except if the interests of the child request in any case. The obligation of maintenance is upon the dad and differs as indicated by his monetary status.4 In its strict sense, the word ‘nafaqah’ signifies what an individual spends on his family. Maintenance incorporates food, dress, dwelling, a need of a babysitter/nurture, and other vital costs of a child from birth until adulthood.
At present, the Family Courts Act 1964 and the Muslim Family Laws Ordinance 1961 (“MFLO”) manage the issue of maintenance of minors in Pakistan except for Azad Jammu and Kashmir. The MFLO, in segment 9, expresses that if a dad neglects to keep up his child, the mother or the grandma may record an application to the Chairman Union Council. The Chairman will comprise an Arbitration Council, which may give an authentication determining the sum payable by the dad as maintenance. This cure is accessible where the dad consents to pay maintenance. In different circumstances, the gatherings are qualified for go to court.
Child maintenance support under current Law of Pakistan
Under Pakistani law, the dad is liable for paying maintenance to his children. Maintenance is occupant upon the dad as per his monetary conditions. Segments 488-490 of the Criminal Procedure Code made it officeholder upon the putative dad to keep up his legitimate and illegitimate children. This position was viewed as against Islamic law, and henceforth, these areas were canceled in Pakistan in 1981. In Islamic law, one of the conditions to deliver the dad liable for the maintenance of the child is that the child ought to be legitimate. The father is subject to keep up his legitimate child just, on the grounds that maintenance is set up on parentage, and parentage is set up on authenticity.
This is in opposition to the Convention on the Rights of the Child as it is prejudicial based on the status of the authenticity of the child. Chheena Law Firm is best firm with highest winning percentage cases related to child maintenance. Chheena Law firm through provided contact number can be contacted any time. Our Top Lawyers of Pakistan will provide best consultation regarding the child maintenance cases and after consultation our expert lawyers for child maintenance cases will file your case and will win it for you in any session, provincial court of KPK, Punjab, Sindh, Baluchistan, Azad Kashmir, Gilgit Baltistan or in supreme court of Pakistan.