Supreme Court Makes Major Ruling on Child Maintenance, Sets Clear Rules for Family Courts

The Supreme Court of Pakistan has ruled that the amount of child maintenance (Nafaqa) for a minor must be determined by considering the child’s reasonable needs, the father’s financial capacity, income, and social status. The Court also clarified that higher courts should only interfere with maintenance orders issued by lower courts if those decisions are clearly arbitrary, unreasonable, or contrary to law.

It was issued by a two-judge bench, headed by Justice Irfan Saadat Khan and Justice Aqeel Ahmed Abbasi, who heard an appeal filed by Ms. Shaheen Nawaz and upheld the Sindh High Court’s verdict.

Father’s Income and Child’s Needs Must Be Considered

The case stated that the petitioner contended that her child’s father works as a manager at a textile factory in Bangladesh and earns a big salary from there. She asked for Rs40,000 as child maintenance per month.

In its detailed judgment, the Supreme Court, however, pointed out that the appellate court had already enhanced the maintenance amount to Rs30,000 per month and a 15% annual escalation. That decision was also upheld by the Sindh High Court.

Supreme Court Upholds Rs30,000 Monthly Maintenance

The Supreme Court noted that the appellate court and the Sindh High Court had thoroughly considered the father’s income, financial resources, social standing, maintenance needs of the child, and other financial obligations of the father while determining the amount of maintenance.

It also noted that the lower courts took into account the financial liability of the father for two other children of his former marriage, which he has towards them, and this was appropriate.

Interference Only in Exceptional Circumstances

The top court said that the decision of lower courts in respect of maintenance should not be thwarted unless it is seen to be “manifestly arbitrary, unreasonable and violate law.”

Referring to its earlier judgment in Muhammad Imran Baqar v. Mst. Zarnain Arzoo (PLD 2026 SC 170), the Supreme Court reaffirmed the legal and moral duty of a father to financially support his children. However, the amount of child maintenance must always be determined on the basis of the child’s actual needs and the father’s financial capacity.

The judgment is expected to serve as an important precedent for future child maintenance cases in Pakistan, providing clear legal guidance to family courts on balancing the welfare of children with the financial circumstances of parents.