In a landmark five‑page ruling, the Supreme Court held that a father’s obligation for child maintenance after divorce depends on the child’s reasonable needs and his financial ability. The court broadened maintenance beyond food, clothing, and shelter to include education, healthcare, and emotional development. It emphasized that support must reflect the family’s social status so the child’s well‑being and opportunities are preserved.
Under Islamic principles, maintenance is owed if the child is in need, unable to earn due to age or disability, and the father can pay. Unemployment isn’t valid excuse unless due to serious physical or mental incapacity. Should the father lack means, responsibility may transfer first to the mother (if financially capable), then to the paternal grandfather if required. The ruling was delivered by Chief Justice Yahya Afridi and Justice Shakeel Ahmad.
The court ruled that child maintenance after divorce must cover food, shelter, education and healthcare based on the child’s needs and the father’s ability to pay. Unemployment alone doesn’t absolve responsibility. If the father is incapable, the mother or grandfather may be obligated under Islamic law.
Pakistan, custody reform, divorce law
