HINA vs ADIL SHAHZAD Ss — 2026 CLC 59 ISLAMABAD

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HINA VS ADIL SHAHZAD Ss.5, Sched. & 17a(4)---Maintenance allowance for minor children---Minor requiring special needs---Obligation of father---Quantum of maintenance---Determination---Factors to considered---Scope---Quantum of maintenance requires due consideration of all factors on the basis of which the court can determine the actual need of the minor---In this regard, it is important for the court to first determine the expenses incurred or likely to be incurred on the minors---For this purpose the court must look into the living conditions of the minor and the manner and means by which the mother is maintaining the minors which will include factors like where they reside, whether the mother is dependent upon her family, if so what is the income on the basis of which the minor is also being cared, whether she has a job and whether she has any source of independent income---Special needs of the minor which will include medical or physical needs or special educational needs should also be seen---Special needs will vary from case to case, if relevant, as it is unique to the situation and individual---Yet for the purpose of maintenance it is the obligation of the father to fulfill these special needs---In the case of enhancement, the court must also determine as to what extent the maintenance already fixed meets the requirement and expenses of the minor and for what purpose, further enhancement is required---at the same time the court must determine the income of the father either through proper documentary evidence or on the basis of the social status and earning capacity of the father---In order to ensure that proper information is before the court, it may always require the father to produce documents such as his salary slips or any bank statement or property document on the basis of which he is able to show his monthly income or earning or his financial status---In this regard, the assets owned by the father are relevant as it contributes towards establishing the financial status of the father that has to be probed into by the court and based on attending circumstances the court can conclusively establish the means through which the father will be able to maintain the minors---It is also important to take into consideration any liability of the father, that is whether he is paying any bank loan or debt, whether he has remarried or has other children or whether his parents are dependent on him---In this way the court can determine the manner in which the income of the father is spent and balance the income and capacity with the reasonable requirements of the minors seeking maintenance---In this regard, it is noted that S.17(a) of the Family Courts act, 1964 specifically provides in subsection (4) that for the purposes of fixing maintenance, the court may summon the relevant documentary evidence from any organization, body or authority to determine the estate and resources of the defendant---The purpose of this provision is to facilitate the court to determine the financial position of the father---The court therefore is not dependent on documents or information provided by the father and can call for relevant documents or information be it from the relevant department or organization or as the case requires, in order to determine the income of the father.

HINA vs ADIL SHAHZAD Ss — 2026 CLC 59 ISLAMABAD

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