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ecently, the Lahore High Court ruled that dependent parents have the right to file maintenance suits against their sons before the family courts.
Justice Raheel Kamran issued the judgment on a petition filed by Azhar Ijaz Khawaja who had challenged the orders of a Model Town family court and an additional district and sessions judge directing him to pay monthly maintenance to his mother, Riffat-un Nisa. The family court had ordered Khawaja and his three brothers to pay Rs 5,000 per month as interim maintenance to their mother by the 14th of every month. When the payments were not made, the court struck off their defence and decreed the suit under Section 17-A of the Family Courts Act, 1964.
Justice Kamran also sought assistance from amicus curiae Advocate Muhammad Saad Khan, who opined that the Family Courts Act’s term “maintenance” is broad enough to include claims by the parents. After examining the law and reviewing Islamic principles, the judge held that parents could legally file maintenance suits against their children in family courts.
Advocate Saadi Abbas Deoka, a family lawyer at the Lahore High Court, welcomes the judgment, saying that while the ruling is significant, laws already exist to support elderly parents who are financially weak but have well-off children. “If parents have grown old or are struggling financially, while their children are earning a decent living but do not support them or bear their expenses, then the parents can approach the court to claim maintenance.
“Legally, and according to our Islamic and moral duty, it is an obligation upon us to serve our parents, to care for their needs, respect them, obey them and treat them with love,” he adds. “Serving one’s parents is both a religious and legal responsibility. It is important to fulfill our duties towards them. May Allah bless those whose parents are alive — and may we not become like some in the West, where elderly parents are often left in nursing homes once they grow old, no matter how good their children are.”
Deoka says that Islam teaches us that our parents are our path to paradise. “Never hurt them. Even if your parents are non-Muslims or polytheists, serving them is an obligation for you.”
Coming to the legal aspect, he says that Section 371 of the Mohammedan Law clearly states that if parents have grown old, they can claim maintenance from their children. They have the legal right to file a case against their sons for financial support. This principle has also been upheld in PLD 2014 Peshawar, Page 21.
Dr Rizwan Safdar, assistant professor at the Department of Sociology, Punjab University, says that as a society, Pakistan has not focused enough on elderly care and social responsibility. “While the legal judgment is commendable, there is an urgent need for Pakistani society to strengthen its social systems and attitudes towards senior citizens. Laws, policies and religious teachings advocate respect and care for the elderly while highlighting the growing cultural and generational divide in the society,” he says.
He questions whether Pakistan has adequate laws and policies to safeguard older people and whether the state has fulfilled its obligations to ensure age-inclusive policies. “Do we have strong support systems for the old, and a cultural shift away from the perception of elderly care as a burden?” he asks.
Dr Badr says that Pakistan must take inspiration from countries like Japan and the UK where professional elderly care complements family involvement. “We should not see this as an act of abandoning our parents but as extending our circle of care, in which trained caregivers assist families rather than replace them,” he says.
Shahbano Naushahi, a Lahore School of Economics graduate, says the intersection of traditional and modern lifestyles in Pakistan has brought parental care into focus. “Empathy and compassion are key to reconnecting generations. Community-based initiatives should be launched to help families maintain the respect traditionally shown to older people. Awareness should be raised about parental neglect and social movements should be initiated to promote a culture where elderly people are valued and emotionally cared for.”
Advocate Deoka says that most people going to court for maintenance belong to low-income groups, where children often claim that they do not have sufficient means to take care of their parents.
Dr Amjad Saqib, a social entrepreneur and development practitioner, is of the view that the phenomenon of children distancing themselves from their parents is not confined to a particular class. “It is now more visible among upper-class families and those whose children have gone abroad for economic reasons. They love their parents but face a dilemma — whether to lead a comfortable life abroad or return to care for them,” he says, adding that such behaviour ultimately depends on personal values rather than class or financial standing.
Building on this, Dr Sohail Badr, a cardiologist, says he gave up his business in Africa and several engagements across Pakistan to live with his parents, who are both in their 90s. “My two brothers are abroad and another is a senior scientist in a state institution,” he says. “I moved from Islamabad to Lahore to live with my parents as I don’t want other family members to be disturbed in their professional careers.”
Dr Badr says that in the age of globalisation and migration, Pakistan’s traditional family structure — once known for its deep intergenerational ties — is getting strained. “As children pursue careers abroad or in distant cities, aging parents increasingly face emotional and physical neglect,” he says.
Prof Dr Asghar Zaidi, who teaches public policy at UMT, Lahore, and has been pursuing WHO’s healthy aging initiative in Pakistan, says the country must urgently adopt policies to support its growing elderly population. “By adopting WHO’s healthy aging principles — better geriatric healthcare, social pensions for all and age-friendly environments — we can ensure dignified, independent and healthy lives for our elderly citizens,” he says.
Explaining the WHO framework, he says it focuses on “the process of developing and maintaining the functional ability that enables well-being in old age.” Functional ability, he explains, is shaped by our intrinsic capacity (physical and mental health), environmental factors (public healthcare policies, family support, age-friendly infrastructure) and personal behaviours (diet and exercise).
Apart from the WHO principles, the constitution provides rights to older people. Syed Sajjad Hussain, programme coordinator at FAID, an organisation working for the rights of the elderly, says that while the constitution does not explicitly mention the rights of the older people as a distinct category, they are entitled to a range of rights under its general provisions. “Article 9, Security of Person, states that ‘No person shall be deprived of life or liberty, save in accordance with the law.’ This guarantees the right to life, which includes access to health, shelter, and social security — all critical for the old.
“Similarly, Article 14, Inviolability of Dignity of Man, ensures that ‘The dignity of man and, subject to law, the privacy of home, shall be inviolable.’ This protects the old from neglect, abuse and exploitation, whether at home or in institutions.”
Dr Badr says that Pakistan must take inspiration from countries like Japan and the UK where professional elderly care complements family involvement. “We should not see this as an act of abandoning our parents but as extending our circle of care, in which trained caregivers assist families rather than replace them,” he adds.
Ahsan Raza is theeditor of MinuteMirror. He can be reached at ahsanbudhhotmail.com