Annual Increase in Child Maintenance
It’s the father’s responsibility in Pakistan to maintain the children, and it’s the law that has shifted the liability of maintenance of the child on the shoulders of the father. This liability cannot be finished even if the mother of the child is herself a working woman. The mother of the child is herself earning and has a good source of income still, the maintenance of the child or children has to be beard by the father of the child. Once the child’s maintenance in Pakistan from the family court is fixed, the mother can still claim the annual increase in child maintenance.
West Pakistan Family Court:
No provision in the west Pakistan family court act 1964 tells about the annual increase in child maintenance. However, still, the family courts announce the yearly addition in the child’s maintenance because where the west Pakistan family court act 1964 is silent about the annual increase of the child maintenance in the west Pakistan family court act 1964 act which restrains the family courts to fix the annual increase in child maintenance. It’s not open to the parties to come to the family courts for an annual increase of maintenance of the child. Still, once the honorable court grants the annual increase, it will be valid for at least a year which means once the annual increase is given the next time, the child through mother or next friend will approach the court only after a year.
Maintenance:
For example, if during the maintenance case the father was jobless and the family court fixed the maintenance amount as per the resources of the father and after a year the father of the minor got an excellent job and is earning a perfect amount of salary in this situation a child can claim an annual increase in the maintenance amount already fixed by the court. {Case law 2013 SCMR 976 } Father in evidence has admitted an increase in his pay periodically as well as a 50 percent increase in his earlier basic pay and medical allowance.
Court:
Courts below based on evidence avail on record regarding a periodic rise in monthly salary/income of father and considers grown needs of minor along with sample inflation in currency has rightly awarded 10 percent annual increase in maintenance of minor. A minor can claim maintenance through their next friend, her mother, anyone relative or friend, etc.
Claim Maintenance:
The child can claim the maintenance amount irrespective of whether the divorce in Pakistan has taken place between the parents or not. Even if the khula procedure in Pakistan is pending between the parents of the minor or even if the Nadra divorce certificate is issued still the minor can claim the maintenance from the father. The priority of the family courts is the welfare of the minor, and they will do the maximum it can as presuming the annual increase in maintenance as the right of a child.
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