What financial rights do children have after their parents’ divorce?

 Divorce Procedures in Pakistan can be emotionally challenging for all parties involved, but the most vulnerable are often the children. In Pakistan, both Islamic law and statutory law provide safeguards to ensure that children’s financial rights are protected after their parents separate. These rights are primarily related to maintenance, inheritance, education, health care, and shelter.

1. Legal Foundation of Children’s Financial Rights

The financial rights of children after divorce in Pakistan are derived from:

• Islamic principles (Sharia), which place the responsibility of maintenance on the father.

• The Muslim Family Laws Ordinance, 1961 – particularly Section 9, which addresses maintenance.

• The Family Courts Act, 1964 – which governs the procedure for claiming maintenance.

• Judicial precedents that reinforce the father’s duty towards his children, regardless of custody arrangements.

In Islam, Nafaqa (maintenance) for children is considered a binding obligation on the father until certain conditions are met, as discussed below.

2. Maintenance Obligations

Under Pakistani law and Sharia, the father is primarily responsible for the financial upkeep of his children. This obligation applies regardless of whether the father has physical custody after divorce.

A. Duration of Maintenance

• Sons – Maintenance is due until they reach the age of majority (18 years) or become financially independent. However, if a son is disabled or pursuing higher education, courts may extend the obligation.

• Daughters – Maintenance continues until marriage. If a daughter is divorced or widowed and unable to support herself, the father may again be obligated to provide support.

B. Components of Maintenance

Maintenance is not limited to food and shelter. It generally includes:

1. Food and clothing according to the family’s social and financial status.

2. Housing – If children live with the mother, the father must ensure they have adequate accommodation.

3. Education – School fees, books, uniforms, and related costs are part of maintenance.

4. Medical expenses – This includes regular health care and emergencies.

3. Custody vs. Maintenance

A common misconception is that the parent with custody is responsible for all expenses. In reality:

• Custody (Hizanat) is about who physically cares for the child.

• Maintenance (Nafaqa) is about who pays for the child’s needs.

In most cases, mothers are granted custody of younger children, but fathers still bear the financial responsibility.

4. Enforcement of Maintenance Rights

If the father refuses to provide maintenance:

1. The custodial parent (often the mother) can file a suit in the Family Court.

2. The court will determine a reasonable amount based on:

   • The father’s income and assets.

   • The child’s needs.

   • The family’s standard of living before divorce.

3. The court can issue a maintenance decree. Failure to comply can lead to:

   • Attachment of salary.

   • Seizure of property.

   • Even imprisonment in some cases.

5. Lump-Sum Settlements

Sometimes, as part of a divorce settlement, the father may agree to pay a lump-sum amount to cover future maintenance. While this is legally permissible, courts carefully review such agreements to ensure they are in the best interests of the child.

6. Education and Higher Studies

Pakistani courts have increasingly recognized that the father’s duty extends beyond basic schooling. In some judgments:

• Courts have ordered fathers to pay for university tuition.

• Special consideration is given to professional courses like medicine or engineering.This reflects the principle that maintenance must match the standard of living the child enjoyed before the divorce.

7. Special Circumstances

There are certain scenarios where children’s financial rights require additional legal attention:

1. Disabled or Chronically Ill Children – Maintenance may be extended indefinitely.

2. Loss of Father – If the father dies after divorce, children have full inheritance rights under Islamic law, regardless of parental separation.

3. Foreign-Resident Fathers – Maintenance can still be claimed through Pakistani courts if the father lives abroad, though enforcement may require international legal cooperation.

8. Inheritance Rights After Divorce

It’s important to clarify that divorce does not affect a child’s inheritance rights:

• A child inherits from both parents’ estates.

• Even if one parent remarries, the child’s share in inheritance from that parent remains protected under Islamic and Pakistani inheritance laws.

9. Case Law Examples

Pakistani courts have been consistent in protecting children’s financial rights:

• PLD 2004 Lahore 169 – The court ruled that maintenance must be sufficient to meet educational and living expenses according to the father’s means.

• 2008 SCMR 186 – Reinforced that refusal to pay maintenance can lead to imprisonment.

10. Moral and Ethical Perspective

In Islam, Divorce Procedures in Lahore, fulfilling a child’s financial needs is not just a legal duty but a moral obligation. The Prophet Muhammad (PBUH) emphasized the importance of providing for one’s dependents, considering it an act of charity and righteousness.

Conclusion

In Pakistan, the financial rights of children after divorce are strongly protected by both Islamic and statutory law. Fathers bear the primary responsibility for maintenance until sons become independent and daughters marry. These rights cover food, clothing, shelter, education, and medical care, and are enforceable through the Family Courts. Importantly, divorce does not affect a child’s inheritance rights, ensuring their long-term financial security.The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes.

When parents separate, it is essential to remember that while the marital bond may end, the parental responsibilities remain intact—especially the duty to provide for the well-being of the children.