SC releases judgment on recovery of dower, maintenance allowance

ISLAMABAD: The Supreme Court has held that the mere fact that the father is not working, in the absence of any serious mental or physical challenges, cannot be admitted as a valid justification for his failure to discharge the obligation of maintenance towards his children.

A two-member bench of the apex court comprising Chief Justice Yahya Afridi and Justice Shakeel Ahmed announced judgment in a case titled Muhammad Imran Baqir verses Mst Zarnain Arzo.

The petitioner, Muhamamd Imran Baqir, had filed an appeal against the judgment dated October 3, 2024 passed by the Lahore High Court, Multan Bench, Multan.

The court had heard the matter on July 10, 2025.

“In circumstances where the father lacks the means to provide maintenance and is incapable of earning due to genuine limitations, the duty to maintain the children may devolve upon the mother if she is in a position of financial ease”, says a five-page judgment, authored by Justice Shakeel Ahmed.

The court held that if neither parent possesses sufficient means, the obligation may extend to the paternal grandfather, subject to his financial ability to provide support to the children.

“We observe that the courts below, while recording findings on the financial status of the petitioner, held that the minor is entitled to a maintenance allowance of Rs25,000 a month with a 10 percent annual increase until he attains the age of majority”, says the judgment.