Child Custody and Maintenance in Pakistan
Reviewed by the Commoner Law editorial team. Sources: pakistancode.gov.pk, Punjab/Sindh/KP/Balochistan provincial codes, Supreme Court of Pakistan, FBR, EOBI, SBP, NEPRA, OGRA, PMDC, FIA, and provincial Healthcare Commissions. Provincial variations cite Punjab/Sindh/KP/Balochistan Acts and ICT-specific ordinances. Written in plain English with everyday Urdu legal terms (FIR, qabza, khula, NTN, CNIC) for a general audience — this is educational content, not legal advice. Our editorial standards
What is this right?
Pakistani family law distinguishes between hizanat (physical custody and day-to-day care) and wilayat (legal guardianship and decision-making over property, education, marriage). The mother is presumed to have hizanat for young children: boys until 7 years and girls until puberty in Hanafi practice. The father remains the legal guardian (wilayat) throughout.
The presumptions yield to welfare of the child as the overarching principle. The Family Court considers:
- Age, gender, and stated wishes of the child (especially after age 9–10).
- Parents' moral conduct, financial ability, mental health.
- Stability of the child's environment.
- Existing emotional attachments.
- Educational continuity.
Hizanat shifts to the father after the cut-off ages, but the court can extend mother's custody where welfare requires. Re-marriage of the mother to a non-mahram can defeat her hizanat claim, but Pakistani courts have moved away from rigid application — see Muhammad Riasat v. Mst. Reshma and recent High Court decisions.
Maintenance:
- Wife's maintenance: husband's obligation during marriage and iddat. Awarded by Family Court based on husband's income.
- Children's maintenance: father's obligation until majority (sons) or marriage (daughters). Even after divorce, fathers cannot escape this.
- Mother as custodian can claim maintenance for herself during the period she's caring for young children if she's not remarried.
- Quantum: Family Court considers father's income, family size, lifestyle, child's needs. Reasonable maintenance for a school-going child in urban Pakistan is often Rs 15,000–60,000/month.
The 2015 amendments gave Family Courts power to impound passports of fathers absconding from maintenance, which has been a major enforcement upgrade.
When does it apply?
- You're separating or divorcing and need custody and maintenance orders.
- The other parent is not paying maintenance or denying access.
- The child has reached an age where the presumption is shifting and the other parent is asserting custody.
What to do for custody and maintenance
- File an application for custody in the Family Court of the area where the child resides — under the Guardians and Wards Act 1890.
- Simultaneously file for maintenance (wife and children) in the same court — the 1964 Act allows consolidation.
- Document the father's income: salary slips, FBR returns, business receipts, lifestyle indicators (vehicles, property).
- For interim custody, apply within the petition. Family Courts often grant interim orders within 30 days.
- For enforcement: if maintenance is not paid, apply for warrant of attachment, salary attachment, or passport impounding under the 2015 amendments.
- For visitation: detailed schedule in the order helps. Disputes about access are common.
What should you NOT do?
- Don't take a child abroad without the other parent's consent or a court order. International parental abduction can trigger Hague Convention proceedings (Pakistan is not a signatory but courts cooperate).
- Don't deny visitation as leverage. Courts treat denial of access as a serious breach and shift custody.
- Don't waive maintenance in lump-sum settlements without expert advice. The Family Court has held that lump-sum waivers don't bar future child maintenance — but recovery becomes harder.
Frequently asked questions
Does the mother always get custody?
She has presumptive hizanat for boys until 7 and girls until puberty, but it's not absolute. The court applies welfare-of-the-child as the overriding test. Re-marriage to a non-mahram weakens but doesn't automatically defeat the claim.
Can a father escape child maintenance after divorce?
No. Maintenance for children until majority (sons) or marriage (daughters) is a Quranic obligation enforceable through Family Courts. The 2015 amendments allow passport impounding for absconding fathers.
How much maintenance is reasonable?
Family Courts assess based on father's income, family size, and child's needs. Urban Pakistani Family Court awards typically range Rs 15,000–60,000/month per child, with annual increases of 10–15%.
When does child custody and maintenance apply?
You're separating or divorcing and need custody and maintenance orders.The other parent is not paying maintenance or denying access.The child has reached an age where the presumption is shifting and the other parent is asserting custody.
My husband won't pay child maintenance — what can I do in Pakistan?
File an application for custody in the Family Court of the area where the child resides — under the Guardians and Wards Act 1890.Simultaneously file for maintenance (wife and children) in the same court — the 1964 Act allows consolidation.Document the father's income: salary slips, FBR returns, business receipts, lifestyle indicators (vehicles, property).For interim custody, apply within the petition. Family Courts often grant interim orders within 30 days.For enforcement: if maintenance is not paid, apply for warrant of attachment, salary attachment, or passport impounding under the 2015 amen...
What mistakes should I avoid with child custody and maintenance?
Don't take a child abroad without the other parent's consent or a court order. International parental abduction can trigger Hague Convention proceedings (Pakistan is not a signatory but courts cooperate).Don't deny visitation as leverage. Courts treat denial of access as a serious breach and shift custody.Don't waive maintenance in lump-sum settlements without expert advice. The Family Court has held that lump-sum waivers don't bar future child maintenance — but recovery becomes harder.