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Child maintenance is the most important aspect of Family Law in Pakistan. Child maintenance law enforces the financial support and welfare of children. As we know Pakistan is a Muslim country so Child maintenance is not only governed by law but also has its roots in Islam. Here. we will discuss Child maintenance in Pakistani Law and in Islam.
In Pakistan, the Family Court Act of 1964 and the Guardian and Wards Act of 1890 govern the Child maintenance law. In case of divorce, both parents are responsible for fulfilling the financial responsibilities of the child according to the circumstances. Legally mainly, the father is obliged to fulfill the financial responsibilities.
The amount of child maintenance is decided by the Family Court as empowered by the Family Court Act. this amount is decided on the basis of the parents’ financial conditions, the child’s needs, and according to the standards of living of the child.
Medical costs, educational expenses, and other integral expenditures are also included in the decided amount.
Islamic rules and regulations regarding Child maintenance are basically derived from the Quran, Hadith, and Sunnah. Islamic teachings always emphasize the parents fulfill the financial responsibilities of the child.
In Islam, the father is primarily responsible for the financial needs of the child which is called ‘’Nafaqah’’.
The father is responsible for providing food, shelter, clothes, and educational expenses for the child. The maintenance amount is decided on the basis of the financial stability of the father and the needs of the child.
Islam also emphasizes the mother to fulfill the financial responsibilities if she is capable and financially stable but it does not absolve the father from financial responsibilities.
Guardians and Wards Act 1890 governs Child maintenance in which the duties, responsibilities, and rights of custodians are described. According to this Act, the father is primarily responsible for the financial, physical, and emotional well-being of the child.
Family Courts also play an important role in deciding the amount of maintenance of a child based on the child’s needs and the financial capacity of the father.
Our dedicated and experienced lawyers are 24/7 available to guide you through these Child Maintenance matters. Our professional lawyers at AIM LAW FIRM also provide services in all issues related to Family Law such as Divorce, khula, child custody, child adoption, Child Maintenance, etc.