Wife Applying for Maintenance of Child Under Muslim law:
Legally to apply under maintenance of wife law in Pakistan or maintenance of child under Muslim law, 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. It declared the judgment to be unlawful; the case was remanded. Before the imposition of maintenance husband, the Court or the Arbitration Council must record evidence about the status of the husband and his ability to make the payment to his wife resources for maintenance of wife law in Pakistan or maintenance of child under Muslim law.
Arbitration Council passed an order for the grant of maintenance at the Rs. 20,000 per month on the husband’s back, order held not proper case remanded for decision afresh. One of the children attaining puberty after passing decree was entitled for maintenance. Suit for maintenance passed in favor of minor children and wife by lower Courts. Father of little children was under obligation to maintain them legally. One of the children was admittedly minor at the time of the institution of the suit.
If the afterward had attained puberty, it can object to the executing Court. It is equivalent to a misreading of evidence to be interfered with within the exercise of constitutional jurisdiction. A court of law is to adjudicate upon parental responsibilities of a Muslim. Only the legal principles concomitant to such duties that are relevant. However, the father must maintain his minor sons until they attain puberty and his daughter until marriage. The father may decline to keep the said children if they refuse to live with him without reasonable cause after becoming entitled to their custody as their guardian under maintenance of wife law in Pakistan or maintenance of child under Muslim law.
Maintenance of Law in Pakistan:
Regarding the maintenance of wife law in Pakistan or maintenance of child under Muslim law exponents of both views appear to agree that a child has meant. It is own or voluntarily maintained by another does not seem to need food, clothing, or lodging—any maintenance from his father, much less past care. With him, they are entitled to claim past and future maintenance from their father. The Court is entitled to grant past maintenance to the minor children for three years before applying. Children being in the actual custody of mother are entitled to separate maintenance notwithstanding the order of Guardian Judge to hand over custody to father. Father is liable to maintain his child even living abroad.
Agreement Reached Between his Mother and Father:
Minor is not bound by the agreement reached between his mother and father as to maintenance under maintenance of wife law in Pakistan or maintenance of child under Muslim law. Family Court can enhance the rate than specified, for minor being not a party to such agreement. Minors have a separate legal entity, and they cannot be deprived of their legal rights by their mother.
Father is liable to pay maintenance allowance, a plea that minor’s mother at the time of divorce had agreed not to claim maintenance has no legal force. In the case of Mst. Kaneez Begum, wherein it has been held that the child residing with the mother is her responsibility. The consideration that she also has to maintain him cannot be considered irrelevant. The child is residing with the mother, being her responsibility; the Arbitration Council can consider that she has also to maintain her under maintenance of wife law in Pakistan or maintenance of child under Muslim law.