In Pakistan, family law ensures that children are provided with the necessary financial support after the separation or divorce of their parents.
One of the most important legal provisions that protects a child’s right to financial support is Section 17-A of the Family Courts Act, 1964.
This section allows the mother or lawful guardian to file a suit for maintenance of a minor when the father fails to provide proper financial support.
In this article, we’ll explain what Section 17-A means, who can file the suit, how the legal process works, and what kind of expenses are covered under “maintenance”.
Table of Contents
What is Section 17-A of the Family Courts Act, 1964?
Section 17-A was added to the Family Courts Act to ensure quick relief in matters related to child maintenance.
According to this section, when a case is filed for maintenance of a child, the court is legally bound to pass an interim maintenance order within 30 days from the date of filing.
This means the court must ensure that the child’s financial needs are addressed immediately rather than waiting months or years for the final judgment.
Who Can File a Suit Under Section 17-A?
The following people can file a suit under this section:
- Mother of the minor child
- Legal guardian (if the mother is not present or is disqualified)
- Any person with custody of the minor
The suit can be filed in the Family Court of the area where the child resides.
When is a Suit for Maintenance Needed?
If the father refuses to provide maintenance or provides an amount that is insufficient for the child’s basic needs, the guardian can approach the court.
Common situations include:
- The father has abandoned the family and is not financially supporting the child.
- After the divorce, the father refuses to give regular monthly expenses for the child.
- The amount being given by the father is not enough to cover food, education, medical, and other needs.
Legal Procedure to File a Suit for Child Maintenance
1. Filing the Suit in the Family Court
The process starts by filing a written plaint in the Family Court under Section 17-A. The plaint must clearly mention the relationship with the child, the income of the father (if known), and the monthly expenses required for the child’s upbringing.
2. Issuance of Notice to the Father
Once the suit is filed, the Family Court issues a notice to the father to appear in court and respond to the claim.
3. Interim Maintenance Order
As per Section 17-A, the court must pass an interim maintenance order within 30 days of the first hearing. This is to ensure that the child does not suffer due to delay in proceedings.
4. Final Order
After hearing both sides, checking documents, and considering the father’s income, the court gives a final decision. This order may include:
- Monthly maintenance amount
- Medical expenses
- Education costs
- Other basic needs
Need help filing a child maintenance suit? Contact our experienced family lawyers or call us at +92 333 7703712 today for expert legal guidance and quick support in court.
Factors Considered by the Court
While deciding the amount of maintenance, the court considers:
- Father’s total monthly income
- Number of children
- Cost of living in that particular area
- The standard of living the child was previously used to
- Educational and health-related needs of the child
Enforcement of the Maintenance Order
If the father does not follow the court’s maintenance order, the mother or guardian can request the court to enforce the decree. The court can:
- Attach the father’s salary
- Freeze bank accounts
- Issue arrest warrants for continuous default
In some cases, the court may also increase the maintenance amount later if the cost of living rises or if the father’s income improves.
Importance of Section 17-A for Single Mothers and Children
Section 17-A has become a powerful legal tool for mothers seeking justice for their children.
It has reduced the delays that were previously common in family courts.
This law empowers mothers to get quick financial relief, especially when they are raising children alone without the father’s help.
Conclusion
The Suit for Maintenance of Minor under Section 17-A of the Family Courts Act, 1964, plays a vital role in protecting the rights of children in Pakistan.
It ensures timely financial support from the father and helps in maintaining the child’s well-being after divorce or separation.
If you are a mother or guardian struggling to get child maintenance, consulting a family lawyer and filing a suit under Section 17-A can be a strong and effective legal step.
Always remember, the law is there to support you and your child’s future.
Need help filing a child maintenance suit? Contact our experienced family lawyers or call us at +92 333 7703712 today for expert legal guidance and quick support in court.
