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File Wife and Child Custody Application Against Late Payment:

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Wife and Child Custody Late Payment:

If you have issue of maintenance of wife law in Pakistan or child custody late payment issue, you may contact Jamila Law Associates. For Child Custody in Pakistan, U need to Know the Child Custody Law in Pakistan. The Process of Child Custody in Pakistan & Child Custody Procedure in Pakistan is Very Simple & Easy. Family Court failed to determine that the wife had left the husband’s house by her own choice or cruel treatment of her husband and his failure to maintain her1961, a wife willing to perform conjugal rights. Wife deserted by the husband without lawful excuse can claim maintenance of wife law in Pakistan or child custody late payment issue.

Allegation of Cruelty:

In the absence of allegations of cruelty or immoral behavior of the husband, the right to claim maintenance is undermined. The wife cannot claim maintenance when she lived with her parents deserting her husband without any lawful excuse.  The period of iddat has been curtailed to 39 days in Allah Dad vs. Mukhtar. The same should be the period for grant of maintenance. Decree modified for maintenance of wife law in Pakistan or child custody late payment issue.

Muslim Law:

Under the Muslim Law, acknowledgment by the woman’s man as his wife is sufficient proof of valid marriage between them. Their admission as wife and husband amounts to acknowledging their valid marriage contracted with their free consent. Even the consent of Wali is not required, and a sui juris Muslim female can enter invalid Nikah marriage of her own free will. The marriage would not be invalid on account of the alleged absence of consent of Wali.  Father’s normal course is bound to maintain his son(s) only until he attains the age of puberty and maintenance of wife law in Pakistan or child custody late payment issue.

Maintenance of Wife Law in Pakistan:

Regarding the maintenance of wife law in Pakistan or child custody late payment issue there is an exception to such a rule: the disability infirmity or disease, in which case the father’s obligation is extended, adult son. Father is bound to maintain his minor children until they attain the age of majority in male children until the marriage of female children is solemnized. That maintenance during iddat of a divorced wife is to be paid by ex-husband. Islam enjoins a duty upon a father to maintain his son until he attains the age of puberty. The mere fact that the son is in the custody of his mother during his infancy is not a valid ground for a father to withhold maintenance of wife law in Pakistan or child custody late payment issue.

Maintenance of Child:

Maintenance of children is the father’s obligation as long as he can provide for them and have no independent means of their own. The right of children to receive maintenance cannot be linked with the right of the father to have them in custody.3 Husband cannot disown his responsibility to maintain his wife and child irrespective of their residing apart. Father accepting the arrangement and agreeing to pay liability against him cannot question the same on flimsy grounds.

Court:

Court fixing Rs2000 per month per child, a son and a daughter, from the date of suit till the age of puberty. Amount was neither excessive nor disproportionate to father’s earning sources for maintenance of wife law in Pakistan or child custody late payment issue. Supreme Court declined to interfere by refusing leave to appeal. Fathers under law as well as morally are bound to maintain the children. He cannot escape from his liability on any pretext.

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