SC Issues Rules for Child Maintenance After Divorce

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.