The Supreme Court (SC) of Pakistan has issued new rules regarding child maintenance after divorce. The SC emphasized that fathers must provide financial support based on their ability and the child’s needs.
In a detailed five-page judgment, the SC clarified how child maintenance should be calculated. The case was heard by Chief Justice Yahya Afridi and Justice Shakeel Ahmad, who wrote the decision.
According to the SC, child maintenance includes more than just food, clothing, and shelter. It should also cover education, healthcare, and other essential needs for the child’s development.
The SC stressed that maintenance payments should reflect the family’s social and economic status. This helps maintain the child’s standard of living after the parents separate.
The SC also outlined specific conditions under Islamic law for maintenance. The child must be in need and unable to earn due to age or disability. Additionally, the father must have the financial means to support the child.
The court highlighted that the father’s responsibility remains even if he is unemployed but capable of earning. Only mental or physical incapacity can exempt him from this duty.
If the father cannot pay and the mother has enough resources, she may take on the responsibility. If neither parent can provide support, the SC said the paternal grandfather might be required to pay, depending on his financial capacity.
The SC’s ruling ensures child maintenance obligations align with both Islamic principles and modern realities. The decision aims to protect children’s rights and welfare after divorce.
This judgment provides clear guidance for families and courts in Pakistan. The SC has set a fair and practical framework to ensure children receive adequate support regardless of their parents’ marital status.
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