Child support, referred to as “معاشی معاونت” in Urdu, is a legal obligation in Pakistan, primarily regulated under Islamic principles and civil laws. This article explores how child support is determined, referencing relevant laws, judicial precedents, and practices in Pakistan.
Legal Framework Governing Child Support in Pakistan
The primary laws governing child support in Pakistan include:
- The Family Courts Act, 1964
- Muslim Family Laws Ordinance, 1961
- The Guardians and Wards Act, 1890
Under Islamic law, parents, especially fathers, are responsible for the financial support of their children. This duty arises from the concept of “Nafaqa” (نفقہ), an obligation to provide for basic needs such as food, clothing, shelter, and education.
Determining Factors for Child Support
Several factors influence the determination of child support:
1. Financial Status of the Parents
Section 17-A of the Family Courts Act, 1964 empowers courts to assess the financial capability of the father. Courts consider income, property, and overall financial standing when deciding the amount of child support.
2. Needs of the Child
The child’s requirements, including education, healthcare, and day-to-day expenses, are key considerations. The court ensures that the child’s standard of living is not compromised post-divorce or separation.
3. Number of Dependents
If the father has multiple dependents, the court may allocate support proportionally, ensuring equitable distribution among all children.
4. Inflation and Changing Circumstances
The court can revise the child support amount periodically to account for inflation and changes in the father’s financial status.
Relevant Sections of Laws
- Family Courts Act, 1964 – Section 17-A
Section 17-A emphasizes the expedited disposal of family cases, including maintenance and child support, ensuring timely relief. - Muslim Family Laws Ordinance, 1961 – Section 9
This section empowers courts to pass maintenance orders for children if a father fails to meet his obligations. - Guardians and Wards Act, 1890 – Section 24
This section elaborates on the welfare of the child, highlighting financial support as a critical component of the child’s well-being.
Judicial Precedents
1. Supreme Court of Pakistan
Case: Abdul Mateen vs. Mst. Dilshad Bibi (PLD 2006 SC 697)
- The Supreme Court emphasized that child support is an absolute obligation of the father, irrespective of custody arrangements.
2. Lahore High Court
Case: Mst. Nusrat Bibi vs. Abdul Hameed (2011 CLC 1234)
- The court ruled that the father’s financial resources and the child’s needs must be balanced while determining child support.
3. Sindh High Court
Case: Mohammad Iqbal vs. Yasmin Bano (PLD 2013 Sindh 102)
- The court held that a father cannot escape his duty to provide maintenance, even if the mother is financially independent.
Role of the Court in Determining Child Support
The Family Court plays a central role in:
- Mediation and Settlement: Encouraging amicable resolutions between parents.
- Inquiry and Investigation: Assessing financial records and evidence.
- Issuing Orders: Granting interim and final maintenance orders to ensure the child’s welfare.
- Enforcement: Ensuring compliance with child support orders through legal means.
Failure to Provide Child Support
Failure to pay child support can lead to legal consequences, including:
- Attachment of Property: The court can attach the father’s property to recover unpaid amounts.
- Imprisonment: Persistent non-compliance may result in imprisonment under Section 488 of the Criminal Procedure Code.
- Contempt of Court: Disobeying court orders can lead to contempt proceedings.
Challenges in Child Support Cases
- Delay in Legal Proceedings: Despite Section 17-A’s mandate for expeditious disposal, delays are common due to procedural complexities.
- Non-disclosure of Income: Fathers often underreport income to reduce child support obligations.
- Lack of Awareness: Many mothers are unaware of their legal rights, limiting their ability to claim adequate child support.
Why Choose Azam Ch Advocate for Child Support Cases?
If you’re facing legal challenges related to child support, it’s crucial to have experienced legal representation. Azam Ch Advocate, based in Sattaria Law Associates, District Courts Okara, is renowned for expertise in family law. With extensive experience in handling child support cases, Azam Ch Advocate ensures:
- Thorough financial assessments.
- Strategic representation in court.
- Timely and effective enforcement of child support orders.
Contact Details:
- Office Address: 220, 221, 222, District Courts, Okara.
- Mobile & WhatsApp: +92 300 695 4414.
Conclusion
Child support is a vital aspect of family law in Pakistan, rooted in both Islamic principles and statutory provisions. By understanding the legal framework and engaging competent legal representation, parents can ensure their children receive the financial support they deserve. For expert advice and assistance, contact Azam Ch Advocate at Sattaria Law Associates.
