Father to pay for child’s education, rules SC

The Supreme Court has held that a father is responsible for the maintenance of children, according to the Shariah and the country’s civil law and ruled that any expenditure on children’s education also falls under the category of maintenance.

Supreme Court Justice Syed Hassan Azhar Rizvi issued an eight-page judgment on Wednesday regarding a case about the maintenance of the children, stressing that access to basic and quality education was in the best interest of the child.

The appeal in the apex court stemmed from a divorce case. After the divorce, the woman had moved a family court for the maintenance of the former couple’s six-month old girl. In 2007, the family court had ordered the father of the girl to pay Rs1,000 per month for the maintenance of his daughter.

The woman again moved the family court for increase in the maintenance allowance and in 2021, the court increased the amount to Rs25,000. The father challenged the decision in the high court and then in the Supreme Court, taking the plea that he could not afford that much amount.

He said that his only source of income was his pension of Rs.60,000, while he also had family to support. On the other hand, the mother told the court that her daughter was studying in a university, and Rs25,000 per month was necessary to continue her education.

The judgment said that according to Islamic law, maintenance meant everything that was necessary for living. It added that the expenses on children’s education also came under the definition of  maintenance.

Therefore, the judgment said, the petitioner was obliged to pay the child support for her education until she completes her graduation and gets a job. It noted that it had been established by the trial court as well as other judicial forums that the petitioner had sources of income other than pension.