Supreme Court Landmark decision on Quantum and continuity of maintenance for a child.
👨⚖️ بچوں کے نان و نفقہ کی قانونی و شرعی ذمہ داری: باپ کی مسلسل فرضیت – ایک اہم عدالتی فیصلہ
✍️ فیصلہ: C.P.L.A. 5009/2024
🔍 تعارف:
📖 مقدمے کا پس منظر:
⚖️ عدالتی نکات:
- تعلیم
- علاج
- جذباتی اور ذہنی ترقی
- اور دیگر ضروریات بھی شامل ہیں۔
📌 نتیجہ:
MUST READ JUDGEMENT. Exact words of the court .
Quantum and continuity of maintenance for a child following the dissolution of marriage between the parents.
Under the Islamic jurisprudence1, as well as the settled case law in Pakistan, the father bears a solemn and continuous obligation to provide maintenance for his offspring. This duty, grounded not merely in financial capacity but in the principle of nasab (lineage), persists until the son attains the age of puberty, and in the case of a daughter, until her marriage. Where a son, upon reaching majority, is found to be incapacitated or otherwise unable to earn due to physical or mental limitations, the father remains bound to maintain him. It must be stressed that the obligation to maintain a child is distinct and independent from the obligation to maintain a wife. The latter ceases upon the termination of the marital bond, whereas the former survives the marriage itself and is directly tied to the immutable bond of paternity. However, it has been observed that in certain cases, fathers, upon the dissolution of marriage or after losing custody, become hesitant to discharge their obligation of maintenance, viewing it as contingent upon matrimonial cohabitation or custodial rights. Such a perception is legally flawed and ethically untenable in light of Islamic principles, as the father’s obligation is not lessened by the child being in the hizanat (custody) of the mother.
The determination of the appropriate quantum of maintenance involves two principal considerations:
(i) the nature and extent of the child’s reasonable requirements and
(ii) the father’s financial means.
Maintenance traditionally includes food, raiment, and lodging. However, this list is not exhaustive. Given evolving societal standards and the overarching principle of welfare of the minor, the term must be interpreted broadly to encompass all reasonable expenses necessary for the physical, mental, and emotional development of the child. This includes, interalia, educational costs, healthcare, and other needs consistent with the natural growth and comfort of the minor. The amount awarded should reflect the family's social status, ensuring that the child is not deprived of opportunities for development and well-being solely due to the dissolution of the marriage. The second consideration pertains to the father’s financial capacity to maintain the child. Under Islamic principles, the obligation of maintenance is generally subject to certain conditions. Firstly, the child must be in need. If the child possesses independent means sufficient for his/her own support, the duty of the father to provide maintenance does not arise. Secondly, the child must be unable to earn due to minority or incapacity. Thirdly, the father must possess the means to provide such maintenance. While most Islamic schools of thought agree that the father's financial ability is a necessary precondition, the Hanafi school maintains a distinct view holding that, in the case of children, the obligation to maintain arises irrespective of actual wealth, provided the father has the capacity to earn. Therefore, the mere fact that the father is not working, in the absence of any serious mental or physical challenges, cannot be admitted as a valid justification for his failure to discharge the obligation of maintenance towards his children. In circumstances where the father lacks the means to provide maintenance and is incapable of earning due to genuine limitations, the duty to maintain the children may devolve upon the mother if she is in a position of financial ease. If neither parent possesses sufficient means, the obligation may extend to the paternal grandfather, subject to his financial ability to provide support to the children.
C.P.L.A.5009/2024
Muhammad Imran Baqir v. Mst. Zarnain Arzoo and others
Mr. Justice Shakeel Ahmad
10-07-2025