Father Must Pay Child Maintenance Even After Divorce or Separation: Lahore High Court
- Lahore High Court rules that a father’s financial responsibility towards his children continues even after divorce or separation.
- Court increases monthly child maintenance from Rs20,000 to Rs30,000 per child, with an annual 10% increase effective from November 2019.
- The ruling states that a father’s limited income does not automatically exempt him from supporting his children.
The Lahore High Court (LHC) has ruled that a father remains legally responsible for providing financial support to his children even after separation or divorce, ordering a man residing abroad to pay Rs30,000 per month for each child.
Justice Mohsin Akhtar Kayani issued the ruling while hearing a petition filed by a woman named Saiqa, who sought an increase in the maintenance allowance for her children.
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The court enhanced the monthly maintenance amount from Rs20,000 to Rs30,000 per child and directed that an annual increase of 10 per cent be calculated with effect from November 2019.
In its observations, the court emphasised that the dissolution of a marriage or separation between parents does not affect a child’s right to receive financial support from the father.
The ruling clarified that a father’s obligation to maintain his children continues regardless of whether he lives with them or resides separately, including in another country.
The court further observed that limited earnings or claims of financial difficulties do not automatically release a father from his responsibility to provide for his children’s essential needs.
However, the amount of maintenance must be determined after considering the father’s actual financial capacity, employment circumstances and the reasonable requirements of the children.
According to the case details, Saiqa married Zahid Iqbal in 2010. Following their marital dispute, the matter of financial support for their children became the subject of legal proceedings.
During the hearing, it was claimed that Zahid Iqbal, who was residing abroad, did not receive a substantial salary and therefore had limited financial resources to meet the maintenance requirements.
The court observed that such claims must be assessed on the basis of reliable evidence rather than accepted without verification.
It emphasised the importance of establishing the father’s actual earnings, employment status and nature of work before determining his ability to provide financial support.
In this regard, the judgment referred to information available on the official website of the United Kingdom government concerning minimum wage rates.
The court noted that publicly available minimum wage information could be considered when examining the earning capacity of a person employed in the United Kingdom.
The reference was made in connection with evaluating the father’s financial circumstances and determining an appropriate maintenance allowance for his children.
The Lahore High Court also addressed the need to account for increasing living expenses when calculating child maintenance.
It directed that the maintenance allowance should carry an annual increase of 10 per cent, calculated from November 2019, alongside the revised monthly amount of Rs30,000 per child.
The annual adjustment is intended to account for changes in the cost of living and the growing financial requirements of children over time.
The judgment reaffirmed that financial support for children is an ongoing parental obligation and cannot be avoided solely because the parents are no longer living together.
The court maintained that both the needs of the children and the father’s proven financial resources must be considered when determining the amount payable.
The ruling also established that a father’s residence outside Pakistan does not, by itself, remove his obligation to provide maintenance, and that claims regarding overseas income should be examined through available evidence.
Under the court’s directions, the revised monthly maintenance and the applicable annual increases are to be calculated in accordance with the judgment, with November 2019 serving as the effective date for the 10 per cent yearly adjustment.
