LAHORE – The Lahore High Court (LHC) has ordered an increase in monthly maintenance for minor children from Rs20,000 to Rs30,000 per child, directing that a 10% annual increase be calculated retrospectively from 2019.
Justice Mohsin Akhtar Kayani, who resigned on Wednesday, had passed this order while deciding a woman’s petition concerning financial support for her minor children.
In its decision, the court directed the trial court to calculate the outstanding arrears in accordance with the annual increase. It also upheld an earlier order granting the mother monthly maintenance of Rs15,000 for the period of her iddat.
The high court further maintained the alternative compensation of Rs280,000 for dowry articles.
According to the petitioner, the children’s father was a British citizen and had the financial means to pay a higher amount of maintenance. The father, however, claimed that his monthly income in the United Kingdom ranged 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 to determine his financial capacity.
The ruling emphasised that children’s education, upbringing and essential needs must be considered when fixing maintenance. It also referred to the Supreme Court’s position that a parent’s obligation to support children continues even after the dissolution of a marriage.
The high court clarified that a father’s responsibility to maintain his children does not end when they live with their mother. It further held that a claim of limited financial resources could not be accepted solely on the basis of a verbal assertion.
The father must provide documentary evidence to substantiate any claim of limited income, with documents such as salary slips serving as proof, the court said.
It added that the amount of maintenance must be determined by balancing the children’s needs against their father’s actual financial capacity.
