Will Earning Wife Get Maintenance for child:
Yes! The earning wife get maintenance. She ca also file maintenance of child in Pakistan. The husband/ respondent admitted the minor was adopted and presented as his daughter public-at-large; therefore, for all intents and purposes of acts of earning wife get maintenance. The husband/ respondent had created a relationship of trust and constructive guardianship between the husband and the minor, which also implied fiduciary obligations and duties to be performed by the husband/ respondent, which inevitably included the maintenance of child in Pakistan.
High Court held that the respondent’s husband was obligated to pay maintenance allowance for his adopted daughter. The constitutional petition is a special right of an aggrieved person, independent of civil or criminal proceedings in a Court of law Attorney having not been specifically authorized for a constitutional petition by his brother is not the aggrieved person for earning wife get maintenance.
Sin Lunar Months:
If a child is born within six lunar months of the marriage, no affiliation will occur unless the man acknowledges it to be his issue. In other words, it is the right of the man to legitimate a child born within this time by acknowledging expressly or impliedly that the conception took place in wedlock for maintenance of child in Pakistan. According to the Hanifs, contrary to the Shafi is, the husband is entitled to claim the child born wedlock as his; he had no access to the wife.
Maintenance of Child in Pakistan:
Suppose the husband wishes to repudiate a child so born if earning wife get maintenance. In that case, he can only do so by the procedure or that is to say, if he swears before the Qazi that the child is illegitimate and fruit of adultery for maintenance of child in Pakistan, in which case the Court will pass a decree not only dissolving the marriage but declaring the child to be illegitimate. Legitimacy is a status that results from certain facts, whereas legitimating is a proceeding that creates a status that did not exist before for maintenance of child in Pakistan.
Family & Civil Case:
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Advocate in Lahore Pakistan , is a Pakistani law firm that works on the issues of divorce, maintenance and other family related problems. Our team of lawyers will help you to solve all your legal issues in a fast and efficient manner. Advocate in Lahore is a female lawyer who has the qualification of practicing law for women rights and maintenance of wife, divorce issues and many more .
This proceeding becomes necessary where it cannot expressly prove the existence of a valid marriage or where the child is born within six months of the marriage, as stated above when earning wife get maintenance. In such cases, acknowledgment legitimacy favor of the child may be either express or necessary implication from the course of treatment by the man, mother, and child, the evidence of the reputation and notoriety amongst family, community, and community members and respectable members of the locality. Such an acknowledgment raises and presumption of a valid marriage and legitimate birth.
A Child Was Born?
A child was born during a valid marriage between his mother and any man, even two years after dissolution. The mother remaining unmarried would be conclusive proof that the person was the legitimate child of that man unless the husband refused to own the child when earning wife get maintenance. A child born within six months of valid wedlock is a legitimate child under Islamic Law.