In cases of divorce, the amount of child maintenance a mother receives from the father depends on both the child’s reasonable needs and the father’s financial capacity, the Supreme Court of Pakistan has ruled.
In a recent five-page judgement, the apex court provided a framework for calculating child maintenance following the dissolution of a marriage. The case was heard by Chief Justice Yahya Afridi and Justice Shakeel Ahmad, with the latter authoring the decision.
The ruling stated that maintenance traditionally includes basic needs such as food, clothing, and shelter, but emphasized that this definition should be interpreted more broadly. Considering modern societal norms and the child’s overall well-being, the court noted that maintenance should also include expenses necessary for a child’s physical, emotional, and intellectual development. These may include education, healthcare, and other needs essential to a child’s growth.
The judgment further noted that the financial support should reflect the family’s social and economic status so that the child’s standard of living and developmental opportunities are not compromised due to the parents’ separation.
The court clarified that under Islamic principles, certain conditions must be met for the obligation of maintenance to apply:
- The child must be in need.
- The child must be unable to earn due to age or disability.
- The father must have the financial means to support the child.
Importantly, the court emphasized that the father’s responsibility to provide for his children remains valid if he can earn, even if he is currently unemployed, unless there are legitimate mental or physical impairments.
If a father is genuinely unable to support his children due to incapacity, and the mother has sufficient financial resources, the responsibility may fall to her. In cases where neither parent has adequate means, the obligation may transfer to the paternal grandfather, subject to his financial situation.
The verdict aligns child maintenance obligations with Islamic jurisprudence while addressing contemporary challenges, ensuring that the child’s welfare remains paramount regardless of the parents’ marital status.
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The women and the kids are generally supposed to be the most vulnerable in the world and almost unheard and uncounted.We believe that such rules of business will help these communities and they will be heard and counted before the law making institutions.
The judgment further noted that the financial support should reflect the family’s social and economic status so that the child’s standard of living and developmental opportunities are not compromised due to the parents’ separation.
“Mostly these incidents take place in the poor communities who are already least paid or suffering from jobs thus subject needs to be seen with kind regards how to help the commons in the society so in case of separation they could afford this testing though maintaining the expenses and the kids could go to school,have good food and shelter etc.”
IN MY VIEW THE GOVERNMENT SHOULD HAVE FOCUSED ON EMPOWERING THE PEOPLE AT uc LEVELS SO THEY COULD EASILY MANAGE THESE ISSUES MOSTLY BORN OF POVERTY,LOCAL OR THE FAMILY DISPUTES AND CAN BE MANAGED WELL AND HONORABLY BY THEIR COMMUNITIES AAND THE ROLE OF THE MOSQUES WHERE PEOPLE GO DAILY AND ALSO KNOW EACH OTHER WITH EACH OTHER’S FINANCIAL ISSUES AND HELP IN RECONCILIATIONS AMONG THE PARTING FAMILIES.
and what will the state do, hahahaha
Nothing new has been added, these observations which you mentioned in your article had already been made in a previous judgment.
Yahya afridi sb just wanted to make headlines.