Father responsible for child even after separation, divorce: LHC

The Lahore High Court (LHC) has issued an important ruling on child maintenance, ordering a father residing abroad to pay Rs30,000 per month for each child. The court also directed that an annual 10% increase in maintenance be calculated from November 2019.

Justice Mohsin Akhtar Kayani issued the ruling while hearing a petition filed by Saiqa, reaffirming that a father remains responsible for supporting his children even after the separation or dissolution of his marriage.

The court raised the monthly maintenance amount from Rs20,000 to Rs30,000 per child. It observed that a child’s right to financial support does not end when parents separate or their marriage is dissolved.

The ruling also clarified that a father’s limited income does not automatically absolve him of his obligation to provide maintenance for his children.

The court stated that child maintenance should be determined by taking into account the father’s financial circumstances and the needs of the children.

According to the case record, it was claimed that the father did not earn a substantial salary while living abroad. However, the court emphasised that his actual income and the nature of his employment should be established through the evidence presented.

Court refers to UK minimum wage information

The ruling also noted that information about the minimum wage is available on the official website of the British government.

The reference came in the context of assessing the father’s earnings abroad and determining his financial capacity to meet his children’s maintenance requirements.

Annual 10% increase to apply

Under the ruling, an annual 10% increase in child maintenance is to be calculated with effect from November 2019.

The petition was filed by Saiqa, who married Zahid Iqbal in 2010. The case resulted in the court’s direction to increase the monthly maintenance amount and reaffirm the father’s continuing responsibility to support his children.