Lahore High Court Raises Monthly Maintenance for Minor Children to Rs30,000 per Child
LAHORE:The Lahore High Court has ordered an increase in monthly maintenance for minor children from Rs20,000 to Rs30,000 per child, directing that a 10 per cent annual increase be calculated retrospectively from 2019.
Justice Mohsin Akhtar Kayani issued the ruling while deciding a woman’s petition concerning monthly maintenance for her minor children.
In its judgment, the court directed the trial court to calculate outstanding arrears in accordance with the annual increase of 10 per cent. The high court also upheld an earlier order granting the mother monthly maintenance of Rs15,000 for the period of *iddat*.
The court further maintained the alternative compensation of Rs280,000 for dowry articles.
According to the petitioner, the children’s father is a British citizen and has the financial capacity to pay higher maintenance. The father, however, argued that his monthly income in the United Kingdom was between £500 and £600.
The court observed that residence in the United Kingdom alone did not establish a person’s actual income. It said the nature of the father’s work, his employment and the available evidence must be examined when determining his financial capacity.
The judgment stressed that the children’s education, upbringing and other essential needs must be considered when fixing monthly maintenance. It also referred to the Supreme Court’s position that a father’s responsibility to support his children continues even after the dissolution of marriage.
The high court observed that a father’s obligation to maintain his children does not end because they live with their mother. It added that a claim of limited income could not be accepted solely on the basis of a verbal assertion.
According to the ruling, the father must provide documentary evidence to support any claim of limited financial means, such as salary slips or other relevant records.
The court reiterated that child maintenance must be determined by considering both the children’s needs and the father’s actual financial capacity.
Clarify the retroactive increaseTighten repetitive court observations
