The Supreme Court has affirmed that a father bears responsibility for his children’s maintenance, encompassing educational expenses, aligning with Shariah and national civil law.
Educational Support Recognized as Essential
Justice Syed Hassan Azhar Rizvi delivered an eight-page judgment emphasizing the importance of basic and quality education for children’s welfare. This decision arose from a divorce case involving the maintenance of a six-month-old girl. Initially, in 2007, a family court mandated the father’s monthly payment of Rs1,000 for his daughter’s upkeep. Following a request for an increase, the allowance was raised to Rs25,000 in 2021. Despite the father’s objection, citing financial constraints with a pension of Rs60,000, the court recognized the necessity of Rs25,000 for the child’s university education.
The ruling clarified that maintenance covers all essentials for living as per Islamic law, including educational expenses. It concluded that the father must continue support until the child completes her education and finds employment, noting the father’s additional income sources beyond his pension.