Family Courts Procedures in Pakistan 2

A. Maintenance for Children

Legal Basis

Under Pakistani law (Family Courts Act, Guardians & Wards Act), fathers are legally obligated to financially support their minor children regardless of marital status—whether the wife remains in nikah or obtains khula/divorce.

What Maintenance Includes

Child maintenance normally covers:

• Food, clothing, and housing
• School fees, books, uniforms
• Medical expenses
• Transportation
• Extra educational or health needs

✔ How Courts Calculate Child Maintenance

Courts evaluate:

• Father’s income and earning capacity
• Child’s age and need
• Standard of living enjoyed before separation
• Number of dependents (siblings, second marriage, etc.

If the father hides income, courts may consider:

• Lifestyle and expenditures
• Property ownership
• Vehicle ownership
• Bank records and mobile billing
• Minimum wage standards

✔ Court Process

1. Mother files a maintenance suit in Family Court.
2. Notice issued to the father.
3. Written reply by father.
4. Evidence & income evaluation.
5. Interim maintenance order (often issued quickly to avoid hardship).
6. Final decree fixing monthly maintenance.
7. Execution proceedings if the father fails to pay.

✔ Increase in Maintenance

Mothers may file a revision/increase suit if:

• Child needs increase (age, education).
• Father’s income increases.
• Inflation rises.

B. Maintenance for Wife

✔ Entitlement During Marriage

A wife is entitled to maintenance so long as she remains in nikah and is not living separately without a lawful reason.
If she was forced to leave or was subjected to cruelty, she is still entitled.

✔ When Courts Award Maintenance to Wife

Courts can grant maintenance when:

• Husband refuses or neglects to provide financially
• Wife is expelled from home
• Husband contracts a second marriage without fulfilling obligations
• Wife is subjected to cruelty or abuse
• Husband becomes willfully non-supportive

✔ After Divorce or Khula

• Talaq: Wife is entitled to maintenance during iddat.
• Khula: Wife gets no post-khula maintenance but may claim past unpaid maintenance before khula was granted.

✔ Court Procedures

1. Wife files maintenance suit in family court.
2. The court issues a notice to the husband.
3. Husband files written statement.
4. Evidence about income and neglect is presented.
5. The court may issue interim maintenance immediately.
6. Final decree passed.

✔ Execution of Maintenance Decrees

If the husband does not pay, the court may:

• Attach salary
• Impose fines
• Issue arrest warrants
• Seize movable or immovable property.

Family Courts are strict in enforcing maintenance to ensure immediate livelihood.

7. Guardianship & Certificates Procedure

Guardianship matters are handled by Guardian Courts, which operate separately from Family Courts. These courts appoint a legal guardian for a child when decisions about custody, welfare, or property need formal legal authority.

A. When Guardianship Is Needed

People usually approach the Guardian Court for:

• Child custody confirmation (legal guardianship order)
• Appointment as legal guardian for minor’s property
• Obtaining Guardianship Certificate
• Permission for a passport or immigration
• Permission for school admission or travel abroad
• Managing a minor’s inheritance or bank matters

Even if the child is already living with the mother, she may still need a court-issued certificate for documentation.

B. Legal Basis

Guardianship matters are governed by:

• Guardians and Wards Act, 1890
• Relevant court rules and local amendments

The focus is always on the child’s welfare, not parental claims.

C. Types of Guardianship Orders

1. Guardianship Certificate (Person)

Confirms who is the legal guardian of the minor’s person (daily care, custody, decisions).

2. Guardianship Certificate (Property)

Required when a minor has:

• Inherited land
• Bank accounts or shares
• Property disputes
• Compensation (accident, insurance, etc.)

The court ensures the guardian does not misuse the minor’s assets.

3. Temporary/Interim Guardianship

Granted, when the guardian needs urgent permission for:

• Visa or passport
• Medical treatment
• School admission
• Travel permission

D. Court Procedure for Guardianship

1. Filing the Petition

The parent or relative files a guardianship petition with:

• Child’s details
• Relationship with a minor
• Reasons for guardianship
• Proof of welfare and suitability

2. Notice to Opposite Parties

The court issues notice to:

• Other parent
• Relatives (if needed)
• Any person claiming rights over property

3. Evidence & Welfare Assessment

The court considers:

• Child’s current living environment
• Education and health arrangements
• Financial ability of the guardian
• Character and conduct
• Wishes of the child (if mature enough)

4. Order & Guardianship Certificate

If satisfied, the court:

• Appoints the guardian
• Issues a Guardianship Certificate
• Specifies rights and limits (especially for property)

E. After Getting Guardianship Certificate

The guardian must:

• Manage the child’s affairs responsibly.
• Seek court permission for selling or managing a minor’s property.
• Submit accounts if ordered.
• Ensure welfare and education remain uninterrupted.

Courts can remove a guardian if they misuse authority or harm the minor’s welfare.

8. Evidence, Hearings & Court Timelines

Family courts are designed for speedy and simplified proceedings, so the process is faster compared to civil courts. Still, many people do not understand what happens inside hearings, how evidence is handled, or how long each stage typically takes.

This section explains the practical workflow.

A. What Happens in Family Court Hearings

Family court hearings are straightforward. Each hearing generally focuses on one step:

1. First Appearance & Notice Stage

• The court issues a notice to the defendant.
• If the defendant appears, they submit their written reply.
• If absent, the court may issue ex parte proceedings.

2. Framing of Issues

The judge identifies what matters need to be proven, such as:

• Neglect in maintenance
• Welfare of the child
• Validity of claim
• Need for guardianship

This sets the direction for the case.

3. Evidence Stage

The most important part.

Plaintiff Evidence (PE):

• The mother or wife usually appears as the main witness.
• She submits an affidavit (written statement of facts).
• Cross-examination by the opposite lawyer.

Defendant Evidence (DE):

• Husband/father gives his version.
• Produces documents such as income proof, receipts, and bills.
• Cross-examined by the plaintiff’s side.

4. Final Arguments

Each lawyer summarizes the case verbally:

1. What evidence supports their client
2. Why does the law favor their position?
3. Why the other party’s evidence is weak

5. Judgment

The court issues a written judgment and decree.

B. How Evidence Is Presented

Family courts accept simple, practical evidence:

1. Oral Evidence

• Statements of the mother, father, or relevant witnesses
• Cross-examination is allowed but limited

2. Documentary Evidence

Examples include:

• Income documents
• Salary slips
• School fee vouchers
• Medical bills
• Birth certificates
• Nikah Nama
• Rent agreements
• Photos or messages (if relevant)

Courts do not require strict technicalities; relevance and authenticity matter more.

3. Digital Evidence

Acceptable if:

• Screenshots
• WhatsApp messages
• Emails
• Call records
• Photos of injuries (violence cases)

Digital evidence must be shown with context.

C. Typical Timelines in Family Court Cases

While timelines vary by city, the average duration is as follows:

1. Khula

• 3–6 months (often faster if uncontested)

2. Maintenance (Child or Wife)

• 4–8 months

Interim maintenance is often granted within 1–2 months.

3. Child Custody

• 3–12 months

Visitation orders are usually issued early.

4. Guardianship Certificate

• 2–6 months

Interim guardianship may be granted earlier for urgent documentation.

5. Divorce/Talaq Confirmation

• 2–4 months

6. Execution Proceedings

(If the husband does not pay maintenance)

• 2–6 months, depending on compliance

D. Why Delays Occur

Common causes:

• Husband not appearing
• Repeated adjournments
• Delayed cross-examination
• Non-availability of documents
• Court workload
• Lawyer changes

Even then, family courts work much faster compared to ordinary civil courts.

9. Final Orders, Appeal Rights & Enforcement

Once evidence and arguments are completed, the court issues its final orders (judgment + decree). This section explains how final decisions are made, how they can be enforced, and when appeals are allowed.

A. How Final Orders Are Passed

Family Courts pass written orders after reviewing:

• Evidence of both parties
• Welfare and best interest of the child
• Financial condition of parties
• Conduct of spouses
• Legal requirements under relevant laws

Types of Final Orders

• Khula decree
• Maintenance decree (child/wife)
• Custody order
• Visitation schedule
• Guardianship certificate
• Dissolution of marriage (talaq confirmation)
• Return of dowry/struidhan items

What a Final Decree Contains

• Court’s findings
• Rights and obligations of each party
• Monthly amount (if maintenance)
• Custody and visitation details
• Legal reasoning

After the judgment, the decree sheet is prepared and issued.

B. Enforcement of Court Orders (Execution)

If a party does not follow the court’s decision—especially in maintenance or custody cases—the other party files an Execution Petition.

1. Execution of Maintenance Decrees

If the husband fails to pay, the court may:

• Attach salary
• Seize bank accounts
• Confiscate property
• Issue arrest warrants
• Impose fines
• Direct the employer to deduct the amount.
• Order payment of arrears with a penalty

Courts are strict because maintenance is essential for survival.

2. Execution in Custody Matters

If a parent refuses to hand over the child:

• The court may issue bailiff orders.
• Police assistance may be provided
• Contempt proceedings can be initiated.
• Visitation center supervision can be ordered

3. Execution in Dowry Recovery

The court may:

• Direct police recovery
• Attach household goods
• Enforce the inventory list

4. Execution for Guardianship Orders

If someone obstructs the guardian:

• Court issues compliance warnings.
• Can penalize obstructing relatives

C. Appeal Rights in Family Law Cases

Family Court decisions can be appealed to the District Judge / Appellate Court.

1. Time Limit for Appeal

• 30 days from the date of judgment/decree.

2. Who Can File an Appeal

• Husband
• Wife
• Guardian/parent
• Any aggrieved party involved

3. What Can Be Challenged

• Wrong interpretation of the law
• Incorrect evaluation of evidence
• Improper child custody decision
• Excessive or insufficient maintenance
• Procedural defects in the judgment

4. What the Appellate Court Can Do

The appellate court may:

• Uphold the original decision.
• Reduce/increase maintenance amount.
• Modify custody orders
• Change visitation schedule
• Set aside the judgment.
• Send the case back for re-decision (remand)

Appeals are usually faster because only legal points and evidence evaluation are reviewed.

D. After Appeal: Final Closure

If the appellate court’s order is accepted, the case ends.

Further rare options include:

1. Revision in High Court (limited grounds)
2. Constitutional petition for violation of legal rights

Most family law matters conclude at the appeal stage.

FAQs

FAQs for “Family Court Procedures in Pakistan – Part 2”

Q1: How can I enforce a Family Court order in Pakistan?
You can enforce an order through execution proceedings. The court can summon, attach property, or take legal action against the respondent for non-compliance.

Q2: Can Family Court decisions be challenged on appeal?
Yes. Most orders can be appealed before the District Judge within 30 days of the decision.

Q3: How long does the appeal process take?
Appeal duration varies, but most appeals take 2–6 months, depending on the nature of the case and court workload.

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