Supreme Court Sets Criteria for Child Maintenance Decisions

Islamabad: (Staff Reporter) -The Supreme Court of Pakistan has ruled that the maintenance amount for a minor child must be determined by considering the child’s reasonable needs, the father’s financial capacity, income, and social status.

A two-member bench comprising Justice Irfan Saadat Khan and Justice Aqeel Ahmed Abbasi rejected a petition filed by Misma Shaheen Nawaz and upheld the Sindh High Court’s decision regarding monthly maintenance.

The petitioner had argued that the child’s father, who works as a manager at a textile company in Bangladesh, earns a substantial salary and that the monthly maintenance should be increased to Rs40,000.

In its detailed judgment, the Supreme Court noted that the lower courts had carefully assessed the father’s income, financial resources, existing responsibilities, and the child’s needs before fixing maintenance at Rs30,000 per month, with a 15% annual increase.

The court observed that the father also has responsibility for two children from his first marriage. Referring to a previous ruling, the Supreme Court stated that providing maintenance for children is both a legal and moral duty of the father, but the amount must remain linked to actual needs and financial ability.

The bench concluded that the petitioner failed to establish any legal error, improper evidence assessment, or misuse of authority by the lower courts, leaving no grounds for interference under Article 185(3) of the Constitution. The appeal was dismissed and the Sindh High Court’s order was maintained.