The Supreme Court has ruled that a child’s reasonable needs, the father’s financial capacity, income and social status must be considered when determining maintenance for a minor.
The court further held that interference in maintenance orders issued by lower courts should only be made when a decision is clearly arbitrary, unreasonable or against the law.
A two-member bench comprising Justice Irfan Saadat Khan and Justice Aqeel Ahmed Abbasi dismissed the petition seeking leave to appeal filed by Shahin Nawaz and upheld the decision of the Sindh High Court.
The petitioner had argued that the child’s father, who works as a manager at a textile company in Bangladesh, earns a good salary and should therefore pay Rs40,000 per month in maintenance.
In its detailed judgment, the Supreme Court noted that after the family court’s decision, the district judge had fixed the child’s maintenance at Rs30,000 per month and also ordered a 15 percent annual increase. The Sindh High Court later maintained the same ruling.
The court said the record showed that the appellate court and the high court had carefully examined the father’s income, financial resources, other support obligations and the child’s needs before setting the amount.
It also noted that the father is responsible for supporting two other children from his first marriage.
Referring to its recent judgment in Muhammad Imran Baqar v Shahin Zaroon, the court reiterated that supporting one’s children is both a legal and moral duty, but the amount of maintenance must be fixed according to the child’s actual needs and the father’s financial capacity.
The Supreme Court held that the petitioner failed to prove any legal defect, misreading of evidence or misuse of authority in the lower court decisions. It said there was no ground for interference under Article 185(3) of the Constitution.
The court therefore dismissed the petition for leave to appeal and upheld the Sindh High Court’s decision.
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