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The Supreme Court of Pakistan has issued new guidelines to determine child maintenance after divorce, focusing on the child’s well-being and aligning the law with both Islamic teachings and modern social needs.
The five-page judgment was delivered by a two-member bench including Chief Justice Yahya Afridi and Justice Shakeel Ahmad, who authored the decision. It provides a clear framework for how courts should calculate the financial support a child is entitled to following the separation of their parents.
The court stated that maintenance should not only cover basic needs like food, clothing, and shelter, but should also include expenses related to a child’s education, healthcare, and overall development. This move aims to ensure that children continue to grow in a safe, nurturing, and stable environment, even after their parents are no longer together.
Importantly, the ruling highlights that the father’s financial capacity must be taken into account. If a father is unemployed but capable of working, he remains responsible for supporting his children. Only in cases where a father has a valid mental or physical disability may this duty be lifted.
The court also clarified that when the father is unable to provide, the mother can bear the responsibility if she has the financial means. If both parents are unable to support the child, the responsibility may be passed on to the paternal grandfather, as per Islamic law, depending on his financial status.
The judgment underlines that child maintenance should reflect the family’s social and economic background, ensuring that children are not unfairly disadvantaged due to divorce.
This ruling is seen as a significant step toward improving family court practices and ensuring that children’s rights are protected, regardless of the circumstances of their parents.
