The Supreme Court of Pakistan has delivered a landmark judgment, declaring that a divorced daughter’s entitlement to her late father’s pension cannot be determined by her marital status.
In its ruling, the apex court stated that a daughter’s right to pension is based on entitlement, not charity, and the timing of her divorce—whether before or after her father’s death—has no bearing on her eligibility.
The 10-page verdict, authored by Justice Ayesha Malik, emphasized that a pension is a legal right of a government employee, not a discretionary benefit. Upon the employee’s death, this right is transferred to eligible family members, and any delay in its provision constitutes a violation of the law.
The court annulled a discriminatory 2022 circular issued by the Sindh government that denied pension to daughters divorced after their father’s death. The judgment noted that such a policy is unconstitutional, contravenes Articles 9, 14, 25, and 27 of the Constitution, and undermines Pakistan’s commitments to international agreements on gender equality.
“It is regrettable that despite signing international treaties, Pakistan continues to rank poorly on gender equality indicators,” the judgment remarked.
The case was brought forward by petitioner Surah Fatima, a divorced daughter, who sought the resumption of her late father’s pension. The Larkana Bench of the Sindh High Court ruled in her favor. The Sindh government challenged the decision in the Supreme Court, arguing that a pension should only be given if the daughter was divorced at the time of the father’s death.
The Supreme Court dismissed the appeal, upholding the High Court’s decision. The bench clarified that a pension is neither charity nor a favor but a constitutional and legal entitlement, and that placing marital status as a condition violates fundamental rights.