Child Maintenance

This article explains how children's maintenance is claimed, awarded, and enforced under Pakistani family law.

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TITLE: Who Will Pay for the Children's Expenses?

Children's expenses, meaning nafaqah [maintenance]. How much it is, how it is obtained, and what to do if it is not paid.

1. Claim in the Family Court

A claim for nafaqah [maintenance] is filed in the family court of your area.

2. Interim Expenses During the Trial

And this is important: one does not have to wait for the judgment. Under Section 17-A of the Family Courts Act, the court sets monthly interim expenses during the trial itself.

Section 17-A of the Family Courts Act — The court sets monthly interim expenses during the trial.

3. Until When

General rule: expenses for a son until the age of majority, and for a daughter until her marriage.

4. If Payment Is Not Made

If payment is not made, the court executes the decree. Furthermore, failing to pay interim expenses can even result in the striking off of that party's defense in the lawsuit.

The court enforces the decree — and for not paying interim expenses, the defense can also be struck off.

Law referred to: Family Courts Act 1964 — suit for maintenance of wife and children; s.17-A: the court fixes INTERIM maintenance during the suit, payable monthly, and on default the defence may be struck off. A father maintains a son until majority and a daughter until she marries. Execution through the Family Court.

In the light of the Quran and Sunnah

A child's maintenance is the father's duty: "Upon the father is the mothers' provision and clothing according to what is acceptable" (Al-Baqarah 2:233). The duty continues after divorce: "Let the one of means spend according to his means" (At-Talaq 65:6–7).

When a court fixes nafqa it measures the father's income on this same principle.

Schools of fiqh differ on details; consult a qualified scholar and a lawyer before acting.

This is general information, not legal advice. Laws change and every case is different.

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