U-1: SOCIAL AND JUDICIAL BEHAVIORS OF CHILD MAINTENANCE IN CHILDREN'S LAWSUITS

بچوں کے نان ونفقہ کے مقدمات میں سماجی وعدالتی رویے

Abstract

The article gives a general description of the situation that children face when their parents get involved in litigation over a variety of domestic disputes in Pakistan’s family courts. According to Islamic teachings, the father and mother both share the responsibility for the physical and moral upbringing of their child. However, when family disputes arise and the parents resort to litigation in a court of law, unspeakable trauma befalls the child, and he is exposed to extremely unsocial and inhuman behaviors. Fathers, for example, try to hide their true income in order to pay a lesser amount for the maintenance of their child’s physical and educational needs. Parents usually forget that the child is also a witness to the conflict, which is taking its toll on his/her psyche and personality. The whole situation is evaluated in light of Islamic moral injunctions regarding the duty of parents towards their children. A number of lacunae have also been pointed out in the current legislation and the judicial practice that contribute to the systemic injustice against children.