Lahore High Court elaborated the meaning and import

WEST PAKISTAN FAMILY COURTS ACT, 1964

In this judgment, The Honourable Lahore High Court elaborated the meaning and import of the term ‘maintenance’ and held that to maintain his child was obligation of the father and his responsibility could not be absolved merely on the basis that the mother was an earning-hand. The Learned Court also laid down the principles for determination of quantum of maintenance allowance and held that intent and purport of maintenance allowance to a minor child was to enable her/him to continue living at least, in the same state of affairs as the child was used to live prior to separation/divorce amongst the parents and it would be quite unjust and against the norms of propriety if due to separation amongst the parents the child was to relegate to a lower level of living standard or he/she is declined the level or standard of education which was being achieved by him/her prior to such happening i.e. separation of parents. At the same time, there was no escape from the fact that financial status of the father is also to be taken into consideration while awarding maintenance.

 (2015 MLD 11)