Provisions for Child and Wife Maintenance after Divorce:
If you wish to know the provisions of child maintenance law in Pakistan or law of wife maintenance after divorce you may contact Jamila Law Associates. Subsection (1-A) of S. 9 of Muslim Family Laws Ordinance, 1961, authorizes the mother or grandmother of the minor children to seek legal remedy under child maintenance law in Pakistan or law of wife maintenance after divorce.
Remedy:
Remedy available under S. 9 of the Muslim Family Laws Ordinance, 1961 neither imposes an embargo on the institution of a suit as was the present one nor any clog on the powers of the Family Court to proceed with such suit. Proceedings instituted in terms of S. 9 of the Family Court cannot erode the suit instituted before the Family Court under the provisions of the Family Courts Act, 1964.” It is the parents’ duty and moral obligation to provide maintenance to their children.
Family & Others:
Therefore, they are solely and exclusively appropriated to her use family or others may enter without her permission and desire because this is necessary under child maintenance law in Pakistan or law of wife maintenance after divorce. The maintenance is to be considered a debt upon the husband in conformity with his tenet. Father is bound to maintain his sons and daughters until sons attain puberty and daughters are married. Poverty and weak financial position do not absolve the father from escaping from his liability and are not allowed to deprive the minors of their legitimate right of maintenance.
Child Maintenance Law in Pakistan:
Regarding the child maintenance law in Pakistan or law of wife maintenance after divorce if the male child attains the age of majority, the father is not legally responsible for his maintenance. However, in the case of a female, despite attaining the age of majority. It is worth noting that Islam does not compel a person to do an act beyond his capacity. Therefore, the social status of the husband and the level of legitimate financial sources are imminent factors for deciding the quantum of maintenance, and it cannot ignore the same. The sole purpose is the expeditious disposal of the family matters to lessen the agonies of distressed people in family relations. The law laid down in this section is particular and calls for its compliance by the party concerned.
Maintenance Law in Pakistan:
The section for child maintenance law in Pakistan or law of wife maintenance after divorce calls upon the defendant to file his written statement on the first day of his appearance in Court. The Family Court refused to grant further time held the Judge acts within the spirit of the statute. It can take no exception in the exercise of discretion in constitutional jurisdiction. ° Muslim Family Laws Ordinance, 1961 to have overriding or in any case supplemental effect to provisions of any other statute on the question of child maintenance law in Pakistan or law of wife maintenance after divorce. It can claim past and further maintenance allowable to a wife under provisions of this section subject to the prescription of limitation. Wife, who includes ex-wife, can claim maintenance from the inception of marriage till the expiry of iddat period. The ‘suit will be the accrual of the cause of action to the wife which may accrue from time to time during this period.”