The Lahore High Court (LHC) has increased monthly maintenance for minor children from Rs. 20,000 to Rs. 30,000 per child, with a 10 percent annual increase to be calculated from 2019.
Justice Mohsin Akhtar Kayani issued the ruling on a petition filed by a woman seeking an increase in maintenance payments for her minor children.
The court directed the trial court to calculate outstanding payments in accordance with the annual increase. It also upheld an earlier order granting the mother Rs. 15,000 in monthly maintenance during her iddat period and Rs. 280,000 as compensation for dowry items.
During the proceedings, the petitioner argued that the children’s father was a British citizen who could afford higher maintenance payments. The father, however, claimed that his monthly income in the UK was between £500 and £600.
The court observed that living in the UK does not automatically establish a person’s actual income. It stated that the father’s financial capacity must be assessed based on the nature of his work, employment details, and available evidence.
The ruling also made it clear that claims of limited income cannot be accepted without documentary proof, such as salary slips.
Referring to an earlier Supreme Court ruling, the LHC reiterated that a father’s responsibility to financially support his children continues even after divorce, regardless of whether they live with their mother.
The court emphasized that maintenance payments must be determined by considering the children’s education, upbringing, basic needs, and the father’s financial capacity.
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