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SC rules child maintenance to be based on father's financial capacity

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The Supreme Court ruled that child maintenance must be based on a minor's reasonable needs and the father's financial capacity, upholding the Sindh High Court's decision.

ISLAMABAD (Dunya News) – The Supreme Court has ruled that the maintenance of a minor child must be determined by considering the child's reasonable needs, the father's financial capacity, income and social status, while interference with maintenance awarded by lower courts is justified only if the decision is arbitrary, unreasonable or contrary to law.

A two-member bench comprising Justice Irfan Saadat Khan and Justice Aqeel Ahmed Abbasi dismissed a petition seeking leave to appeal and upheld the Sindh High Court's verdict.

The petitioner argued before the court that the child's father was employed as a manager at a textile company in Bangladesh and earned a substantial salary, requesting that the minor's monthly maintenance be increased to Rs40,000.

In its detailed judgment, the Supreme Court noted that the District Judge, while deciding the appeal against the Family Court's ruling, had fixed the child's monthly maintenance at Rs30,000 along with a 15 per cent annual increase. The Sindh High Court had subsequently upheld the same decision.

The court observed that both the appellate court and the High Court had thoroughly examined the father's income, financial resources, other family obligations and the child's needs before determining the maintenance amount. It also noted that the father was responsible for supporting two other children from his first marriage.

Referring to its recent judgment in Muhammad Imran Baqar v. Mst. Zarnain Arzoo (PLD 2026 SC 170), the Supreme Court reiterated that a father has both a legal and moral obligation to maintain his children, while the amount of maintenance must be assessed in accordance with the child's actual needs and the father's financial means.

The court held that the petitioner had failed to establish any legal error, misreading of evidence or misuse of judicial authority in the decisions of the lower courts. It therefore found no grounds for interference under Article 185(3) of the Constitution and dismissed the petition, upholding the Sindh High Court's ruling.

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