Condition When Child and Earning Wife Get Maintenance:

If you wish to know the conditions when earning wife get maintenance and claim maintenance of child in Pakistan, you may contact Jamila Law Associates. Mother plaintiff deposed in her examination-in-chief that she was married to the plaintiff’s father, and from that wedlock, the plaintiff was born. It did not cross-examine the mother of the plaintiff when earning wife get maintenance and claim maintenance of child in Pakistan. Lady being the wife of the deceased father of the plaintiff, was a direct witness of the factum of the plaintiff’s birth, her evidence to that extent, held, should be deemed to have been taken as correct.

Plaintiff:

In the presence of a statement of the mother of the plaintiff, which was best and direct evidence, it could not hold that plaintiff did not establish himself to be the son of deceased.”  A child born within less than seven months of the father’s death gives an irresistible presumption of a child born out of the valid wedlock when earning wife get maintenance and claim maintenance of child in Pakistan.  The wife filed suit for recovery of maintenance for minors, but then the husband denied their Parentage that he was away in Saudi Arabia before the minors’ birth.

Written Statement:

Husband, in his written statement and evidence, admitted that before the Delivery of children, he came to Pakistan and remained his wife, he came to know about the birth of a daughter. After that, his wife left the house in his absence. When the husband remained with his wife, it could presume that the birth of minors was quite natural. Both the Courts below had considered evidence that the children and their mother had also gone to Saudi Arabia.

Maintenance of Child in Pakistan:

All criminal proceedings when earning wife get maintenance and claim maintenance of child in Pakistan initiated by the husband were after the institution of the suit for maintenance. Thus the same was to avoid the care. Marriage existed, and both the Courts below had committed no illegality while awarding maintenance to the minors. ° One of the minors was a patient of cancer, and she was under treatment. Both the minors were getting an education, and the mother had to bear expenses of stationery, tuition fee, transportation, etc. Father was bound to provide the minors proper education, health facilities, and other necessities of ire. Maintenance allowance fixed by the Family Court at the rate of Rs. 5,000/- per month per minor was insufficient to fulfill the basic needs of the minors when earning wife get maintenance and claim maintenance of child in Pakistan.

Appellate Court:

Appellate Court was justified in exercising its discretion for increasing the quantum of maintenance allowance of minors without their appeal. Father was abroad, and his monthly income was Rs. 1, 00,000/- per month. Quantum of maintenance allowance fixed by the Appellate Court could not be held beyond the financial capacity of the father. Courts below were justified to allow an annual increase of 20%, which aligned with the country’s inflation rate when earning wife get maintenance and claim maintenance of child in Pakistan. It made no definite assertion regarding any specific person with whom the accused Woman committed Zina. Non-cohabitation by father with mother of child during time child conceived not proved.