SC lays down child maintenance rules post-divorce

ISLAMABAD: The Supreme Court (SC) has issued fresh guidelines on how child maintenance should be determined following the dissolution of a marriage, stressing that the amount must reflect both the child’s needs and the father’s financial capacity.

The verdict, authored by Justice Shakeel Ahmad and endorsed by Chief Justice Yahya Afridi, makes it clear that maintenance is not limited to just food, clothing, and shelter. It now includes education, healthcare, and other essentials necessary for a child’s mental, emotional, and physical development, as reported by Express Tribune.

“The amount should match the family’s social standing,” the judgment said, adding that children must not suffer a decline in living standards simply because their parents separated.

On the father’s role, the court stated that under Islamic law, the obligation to provide maintenance applies only if the child is in need and unable to earn due to age or disability — and if the father has the means to support them.

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Importantly, the court held that a father’s unemployment that unless due to serious physical or mental incapacity, it is not a valid excuse to avoid his responsibility.

Quoting the Hanafi school of thought, the judgment noted that a father is duty-bound to support his children as long as he is capable of earning, regardless of his current wealth.

In cases where the father genuinely cannot provide support, the mother may step in, but only if she can afford to. If neither parent is able to support the child, the paternal grandfather may be held responsible, again depending on his financial status.

The verdict, spread over five pages, sets a precedent for future family court decisions and aims to ensure that children are not left vulnerable after the breakdown of a marriage.