Maintenance of Minor Child in Pakistan by Best Law firm in Karachi
When parents separate, divorce, or face marital disputes, the most critical question is not about property it is about the future of the child. Who will pay school fees? Who will bear medical expenses? Who ensures the child continues to live with dignity?
Under Pakistani law and Islamic principles, the answer is clear:
The father is legally and financially responsible for the maintenance of his minor children — regardless of custody, remarriage, or personal disputes.
This comprehensive guide explains everything you need to know about maintenance of minor child in Pakistan, including applicable laws, court procedure, enforcement, enhancement, defences, overseas cases, and practical legal strategy.
If you are searching for the best family law firm in Karachi, best family lawyer in Karachi, best family lawyers in Karachi, or experienced family lawyers in Karachi, this detailed article will help you understand the legal landscape before taking action.
What Does “Maintenance” Legally Include?
Maintenance (Nafaqah) is not limited to basic food. Pakistani courts interpret maintenance broadly and realistically.
It includes:
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Nutritious food
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Seasonal clothing
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School tuition and admission fees
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Books, uniforms, transport
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Medical treatment and medicines
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Accommodation (rent or residential expenses)
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Utilities
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Extra-curricular activities
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Reasonable lifestyle according to father’s financial status
Courts consider the social and economic status of the father while fixing maintenance.
Laws Governing Maintenance of Minor Child in Pakistan
Child maintenance is governed by a combination of statutory law and Islamic principles.
1. West Pakistan Family Courts Act, 1964
This is the primary law dealing with:
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Filing of maintenance suits
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Interim maintenance
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Evidence recording
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Execution of decrees
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Enforcement mechanisms
Family Courts are empowered with summary procedures to ensure speedy justice.
2. Muslim Family Laws Ordinance, 1961
While primarily regulating marriage, divorce, and inheritance, it supports maintenance rights in marital disputes.
3. Guardian and Wards Act, 1890
When custody disputes arise alongside maintenance, this law becomes relevant. Even if custody is with the mother, the father’s obligation to maintain remains intact.
4. Code of Criminal Procedure, 1898
Historically, Section 488 provided maintenance remedy. Today, most matters fall under Family Courts jurisdiction.
Who Is Entitled to Maintenance?
Sons
Generally entitled until attaining majority (18 years under statutory law). In special cases (education dependency), courts may extend support.
Daughters
Entitled to maintenance until marriage.
Disabled Children
Maintenance may continue indefinitely if the child is unable to earn due to disability.
Who Can File a Maintenance Case?
A maintenance suit may be filed by:
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Mother on behalf of minor child
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Legal guardian
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Minor through next friend
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Adult unmarried daughter
Jurisdiction lies where:
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The minor resides, OR
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The defendant resides.
This protects mothers who relocate after separation.
Step-by-Step Court Procedure for Maintenance Case
Understanding procedure is crucial.
Step 1: Filing of Suit
A plaint is filed in Family Court mentioning:
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Father’s income
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Child’s expenses
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Educational details
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Medical requirements
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Lifestyle standard
Step 2: Issuance of Notice
Court issues summons to father.
Step 3: Written Statement
Father files defence — often claiming:
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Low income
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Unemployment
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Financial burden
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Second marriage expenses
Step 4: Interim Maintenance Application
Court may grant interim maintenance during pendency of case.
Step 5: Evidence Stage
Both sides produce:
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Salary slips
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Bank statements
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Income tax returns
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Business records
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School fee vouchers
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Medical bills
Step 6: Final Judgment
Court fixes monthly maintenance.
Interim Maintenance – Immediate Relief for Child
Family Courts recognize that:
“A child cannot wait for justice.”
Interim maintenance is often granted within early hearings to ensure continuity of schooling and medical care.
How Courts Calculate Maintenance
There is no fixed mathematical formula, but courts consider:
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Father’s declared income
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Undeclared income (lifestyle analysis)
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Business ownership
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Rental income
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Agricultural income
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Standard of living
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Number of dependents
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Inflation rate
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Child’s school status (private vs public)
Courts increasingly demand income affidavits to prevent concealment.
Important Judicial Principles
Pakistani courts have consistently held:
✔ Maintenance is an absolute obligation
✔ Custody does not affect liability
✔ Mother’s income does not absolve father
✔ Second marriage is not a defence
✔ Inflation justifies enhancement
✔ Arrears are recoverable
Enforcement of Maintenance Orders
If father refuses to pay, the court may:
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Attach salary
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Freeze bank accounts
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Attach property
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Issue arrest warrants
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Recover as arrears of land revenue
Under the West Pakistan Family Courts Act, 1964, enforcement powers are strong and practical.
Maintenance Where Father Lives Abroad
If the father resides overseas:
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Pakistani courts retain jurisdiction.
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Ex-parte decree may be passed.
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Local assets may be attached.
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Passport complications may arise.
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International enforcement may be pursued depending on country.
These cases require strategic handling by experienced family lawyers in Karachi who understand cross-border enforcement complexities.
Common Defences Raised by Fathers
Fathers may argue:
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Financial hardship
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Job loss
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Mother earning independently
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Disputed paternity
Courts require strict documentary proof.
Mere oral statements are insufficient.
Enhancement of Maintenance – Due to Inflation
Pakistan’s rising inflation significantly affects child expenses.
A separate suit for enhancement may be filed when:
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School fees increase
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Medical needs arise
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Cost of living rises
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Father’s income increases
Courts are increasingly sensitive to economic realities.
Arrears of Maintenance
If maintenance is unpaid:
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Entire arrears can be claimed.
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Lump-sum recovery orders may be passed.
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Execution proceedings can be initiated.
Maintenance vs Custody – Common Misunderstanding
Many parents confuse custody (Hizanat) with maintenance.
Important clarification:
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Financial responsibility remains with father.
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Visitation rights do not cancel financial liability.
Practical Legal Strategy in Maintenance Cases
A strong maintenance case requires:
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Proper drafting
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Detailed expense chart
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Income investigation
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Financial disclosure challenge
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Strong interim relief application
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Aggressive enforcement planning
This is why choosing the best family law firm in Karachi or the best family lawyer in Karachi can make a significant difference in outcome.
Emotional & Social Impact – Why Maintenance Matters
Maintenance is not merely a legal claim.
It protects:
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A child’s education
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Psychological stability
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Social dignity
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Future opportunities
When a parent refuses financial responsibility, the child silently suffers.
The law exists to protect that child.
Frequently Asked Questions (FAQs)
1. Can a mother claim maintenance if she is employed?
Yes. The father’s obligation remains unaffected.
2. Can maintenance be claimed after divorce?
Yes. Divorce does not terminate the child’s right.
3. How much maintenance does court usually fix?
Depends on father’s income and child’s needs. No fixed rate.
4. Can maintenance start from date of filing?
Yes. Courts often grant from the date of institution.
5. Can maintenance be increased later?
Yes. Enhancement suits are common.
6. What if father hides income?
Court may draw adverse inference.
7. Does remarriage of mother affect child’s right?
No.
8. Can arrears be recovered?
Yes, through execution proceedings.
9. Is DNA required in paternity disputes?
Only in rare and exceptional circumstances.
10. How long does a case take?
Interim relief may be granted quickly; final disposal depends on evidence and court workload.
