Right to support a child is an essential duty of parents. Under Pakistani law, the parents are answerable for providing support to their children. Maintenance is basic duty of father 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 father however the interests of the child are kept in consideration. The obligation of maintenance is upon the Father and may change according to his monetary status. 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 father neglects to keep up his child, the mother or the grandma may record an application to the Chairman Union Council. The family court on the basis of evidence regarding his assets and social status, will determine the sum payable by the father as maintenance. The father is liable to pay child maintenance allowance until the child reaches the age of majority.
Child maintenance support under current Law of Pakistan
Under Pakistani law, the father is liable for paying maintenance to his children. Maintenance is mandatory upon the father as per his monetary conditions. Section 488-490 of the Criminal Procedure Code made it mandatory upon the putative father to provide maintenance for his legitimate and illegitimate children. This point was viewed as against Islamic law, and henceforth, these were canceled in Pakistan in 1981. In Islamic law, one of the conditions to prove the father liable for the maintenance of the child is that the child ought to be legitimate. The father is subject to provide for his legitimate child only when the parentage is set up on authenticity.
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